Scott A. Wolfson and Rachel Walton, with Wolfson Bolton, have published an article titled, “Unsecured Claim for Post-Petition Contractual Attorneys’ Fees? File It!” in the May 2019 edition of the American Bankruptcy Institute Journal. The article discusses the latest Circuit Court decision in a developing trend holding that unsecured claims for post-petition contractual attorneys’ fees are not expressly disallowed by the Bankruptcy Code. These recent decisions reinforce the importance of attorneys’ fees clauses in contracts and should cause practitioners to account for these claims when seeking recoveries for their creditor clients.
