Attorneys' Fees 2
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Statutes
No statutory language available.
Cases
There are no generally applicable statutes as to what attorneys' fees a lessor may recover when a lessee has filed bankruptcy in Kentucky. However, generally lessors are entitled to recover attorneys' fees in bankruptcy claims if they have a contractual right to them valid under state law. (In re Martin, 761 F.2d 1163, 1168 (6th Cir. 1985)). The validity of the creditor's claim for attorneys' fees does not depend on whether the obligation is secured, unless state law so provides. (Id.) Although lessors still have no statutory right to attorneys' fees, if they have a contractual right, it must be assumed they gave value for that right at the time credit was advanced. (Id.)
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Contributors
Jerad T. Whitt
The statutory information was edited and reviewed with the support of MultiState
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