In re 804 Congress, L.L.C.
In re 804 Congress, L.L.C.
Opinion of the Court
MEMORANDUM OPINION
This case is here on remand from the Fifth Circuit, which ordered this Court to detgrmine whether a foreclosure commission claimed by a substitute trustee and attorney fees claimed by a mortgagee, b.oth of which this Court earlier held unreasonable under section 506, nonetheless can and should be allowed under section 502. As discussed below, the substitute trustee’s claim is allowed under section 502 because the claim is enforceable under state law and does not fall within any of the section 502(b) exceptions. However, the mortgagee’s claim for attorney’s fees is disallowed under section 502 because the mortgagee failed to prove that its fees were enforceable under state law.
I. BACKGROUND
The background of the ease is straightforward, if unusual. 804 Congress, L.L.C., (the “Debtor ”) borrowed money from Wells Fargo Bank, N.A. (“Wells Fargo ”) to purchase an office building (the “Property ”). The Debtor defaulted on the loan
II. PRIOR PROCEEDINGS
This Court held a hearing in January of 2011 (the “Claim Objection Hearing ”), after which it determined that it had jurisdiction to consider allowance of Goldsby’s $217,750 claim for her foreclosure commission, and of Wells Fargo’s $83,327 claim for attorney’s fees.
Court determined that none of the fees requested by Wells Fargo could be allowed under section 506, as Wells Fargo failed to support its claim with sufficient documentation.
On appeal, the District Court reversed and remanded, holding that once this Court lifted the automatic stay and the foreclosure sale occurred, it no longer had jurisdiction over the property or the proceeds of the foreclosure sale.
III. JURISDICTION AND AUTHORITY
The allowance of fees under section 506 implicates federal law, as those fees must be “reasonable” under a federal law standard.
IV. ANALYSIS
A. Should the Claims of Wells Fargo and Goldsby be Allowed Under Section 502?
To determine whether the claims of Wells Fargo and Goldsby should be allowed under section 502, this Court must consider: (1) who had the burden of proof; (2) whether the parties raised their arguments under section 502 before the Claim Objection Hearing; and (3) whether the evidence shows that Wells Fargo and Goldsby have enforceable claims under section 502.
1. Wells Fargo and Goldsby had the burden of proving the amount and validity of their claims.
A creditor must file a proof of claim to obtain a distribution from the estate.
If a creditor files a proof of claim, the claim is deemed allowed, unless a party in interest objects.
If a party in interest objects to a proof of claim that is entitled to prima facie validity, the burden is on the objecting party to introduce evidence sufficient to rebut the presumption of validity.
2. Both parties sufficiently raised their section 502 arguments before the Claim Objection Hearing.
The next questions are whether Wells Fargo and Goldsby sufficiently and timely raised section 502 as a basis for allowance of their claims, and whether the Debtor adequately objected to allowance under section 502. As the Debtor pointed out in its post-remand brief, Wells Fargo and Goldsby requested only a secured claim for their fees in their proofs of claim; they requested unsecured claims for the first time at the Disclosure Statement hearing, and never amended their proofs of claim to assert unsecured claims.
This amended brief is more than enough to put section 502 allowance in play under the Fifth Circuit’s decision in Southland Corp. v. Kilgore & Kilgore (In re Southland Corp.).
3. Wells Fargo did not provide evidence to support the enforceability of its claim under applicable state law; Goldsby did.
When a party in interest objects to a claim, the court must determine the amount of the claim as of the date the bankruptcy petition was filed and allow the claim unless it falls under one of nine exceptions.
Here, the “underlying substantive law” comes from Texas. As to Wells Fargo’s claim for attorney’s fees, Texas law requires that the fees be reasonable.
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the fee customarily charged in the locality for similar legal services;
(3) the amount involved and the results obtained; and
(4) the experience, reputation, and ability of the lawyer or lawyers performing the services.60
Without evidence on these factors, this Court “has no meaningful way to determine if the fees were in fact reasonable and necessary.”
To support its request for fees, Wells Fargo called Amy Planty (“Planty ”)
Wells Fargo admitted that it chose not to produce detailed fee evidence for “tactical” reasons because its strategy was to challenge the jurisdiction of the bankruptcy court.
However, it appears that Judge Gargotta did not rule on Goldsby’s request for allowance of the remainder of her commission as an unsecured claim under section 502,
Additionally, the Debtor agreed to the five percent commission by signing the Deed of Trust. Furthermore, the Debtor, as discussed below, conceded at the remand hearing that the five percent commission is reasonable and limited its objection to the legal argument that disallowing the remainder of Goldsby’s commission as unreasonable under section 506 prevents her from collecting it as an unsecured claim under section 502.
B. Can Goldsby’s Remaining Commission be Allowed Under Section 502 After it was Ruled Unreasonable Under Section 506?
Finally, this Court addresses the issue of whether Judge Gargotta’s prior determination that only $7,500 of the Goldsby commission can be allowed under section 506 means that the balance of the contractually agreed commission cannot be allowed as an unsecured claim under section 502.
At the outset, it is not clear whether Judge Gargotta treated the Goldsby commission as attorney’s fees, or as a different kind of fee or cost. Goldsby testified that if the commission is allowed and paid, it will be paid to her firm in the same manner as any other fees collected by the attorneys in the firm.
In addition to the general argument that fees disallowed under section 506 cannot be allowed under section 502, the Debtor made two other more specific arguments. In its postremand brief, the Debtor argues that the remainder of Goldsby’s commission should be disallowed because postpetition attorney’s fees can only be allowed under section 506(b) and Judge Gargotta already ruled that the remainder of the commission could not be allowed under section 506(b).
1. Section 502 governs allowance of all claims; section 506 governs allowance of secured claims.
The Debtor’s primary argument against allowance under section 502 appears to be that because section 506 states that “to the extent” a claim is oversecured, “there shall be allowed” related fees and costs under section 506(b), the only way fees and costs can be allowed is under section 506.
Second, as discussed by the First and Ninth Circuits in UPS Capital Business Credit v. Gencarelli (In re Gencarelli) and SNTL Corp, respectively, the topic of section 506 is allowance of secured claims.
Third, the Supreme Court’s unanimous opinion in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.
Here, Goldsby’s commission is enforceable under the Deed of Trust and state law, and does not fall under any of the other section 502(b) exceptions; thus, under the Supreme Court’s analysis in Travelers, it should be allowed. Although the Supreme Court in Travelers expressly did not rule on whether a section 506(b) ruling precludes allowance under section 502,
THE COURT: 5% is generally reasonable for real estate transactions regardless of how much time was spent.
MR. SATHER: Yes.
THE COURT: I think this is from the 5th Circuit opinion and there’s footnote 30 in that opinion and it has a bunch of cases ...
MR. SATHER: Right and the testimony was that the 'foreclosure practice was kind of a loss leader because in cases where it was bid in they didn’t get a trustee’s commission and she only got it on the rare ones where there were surplus proceeds. And so to the extent that 502(b) does not cut off their claim as of the petition date and to the extent that they argued that denial under 506(b) does not also deny them under 502, then they would be allowable. I mean, I can read a deed of trust and I don’t disagree with the math that the sales proceeds times 5% equals $217,750.102
So the commission, while unreasonable under section 506, is still enforceable under section 502.
2. Frenville Redux: Prepetition claims can be allowed even though they are determined by postpetition events.
Adopting a now discredited argument accepted at one time by the Third Circuit in Avellino & Bienes v. M. Frenville Co., Inc. (In re Frenville),
Another reason courts say that unsecured creditors cannot collect postpetition attorney’s fees and costs, is that the Supreme Court’s ruling in Timbers
In Timbers, the Supreme Court concluded that because section 506(b) permitted post-petition interest to be paid only out of an equity cushion, an undersecured creditor who had no such equity cushion fell within the general rule of disallowing post-petition interest. Courts that rely on Timbers to disallow postpetition attorneys’ fees and costs reason that the rationale applies equally to the disallowance of post-petition attorneys’ fees and costs to unsecured or undersecured creditors.116
But this reading of Timbers actually makes the case stronger for allowance of attorney’s fees under section 502. The reason that postpetition interest can only be paid out of an equity cushion under section 506, and not allowed as an unsecured claim under section 502, is that post-petition interest is expressly disallowed under section 502(b)(2).
4. Neither policy nor equity are needed to properly apply sections 502 and 506.
This Court need not resort to either policy or equity in making its decision, as the answer lies in simply reading the text of sections 502 and 506, and understanding what each section is designed to accomplish. In addition, the policy and equity arguments are at best indecisive. Cases denying fees and costs of secured creditors, or postpetition attorney’s fees, cite “equality of distribution” as a basis.
Here, the Debtor presumably filed for bankruptcy to protect its equity in the Property from a hasty foreclosure sale and a resulting low bid. In fact, however, the bid was sufficient to pay all creditors in
V. CONCLUSION
In conclusion, this Court holds that the Debtor’s objection to Goldsby’s claim is denied and Goldsby is entitled to an unsecured claim in the amount of $210,250. This Court also holds that the Debtor’s objection to Wells Fargo’s claim for attorney’s fees is granted.
. Oral Ruling Tr. 10, No. 10-12184 (Bankr.W.D.Tex. Feb. 28, 2011), ECF No. 129.
. Id. at 13.
. Id. at 13, 15.
. Oral Ruling Tr. 13-14, No. 10-12184 (Bankr.W.D.Tex. Feb. 28, 2011), ECF No. 129.
. Id. at 14.
. Id. See also transcript excerpt below at note 67. Judge Gargotta initially heard and ruled on the objections to the claims filed by Wells Fargo and Goldsby. Judge Davis took over the case after it was remanded by the Fifth Circuit.
. 804 Congress, L.L.C v. Wells Fargo Bank N.A. (In re 804 Congress, L.L.C.), No. A-11-CA-360 LY, 2012 WL 1067566 at *8 (W.D.Tex. March 28, 2012) rev’d and remanded, 756 F.3d 368 (5th Cir. 2014); District Court Order by Judge Yeakel, ECF No. 184.
. Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 368, 373-76 (5th Cir. 2014).
. Id. at 377.
. Id. at 378.
. Id. at 380.
. Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 368, 380 (5th Cir. 2014); Judgment by Judges Jolly, Garza and Owen, ECF No. 198, 199.
. 11 U.S.C. § 506; 804 Congress, 756 F.3d at 374-75.
. TMT Procurement Corp. v. Vantage Drilling Co. (In re TMT Procurement Corp.), 764 F.3d 512, 523 (5th Cir. 2014); Galaz v. Galaz (In re Galaz), 765 F.3d 426, 430 (5th Cir. 2014) (quoting Walker v. Cadle (In re Walker), 51 F.3d 562, 568 (5th Cir. 1995)); EOP-Colonnade of Dallas Ltd. P’ship v. Faulkner (In re Stonebridge Techs., Inc.), 430 F.3d 260, 266 (5th Cir. 2005).
. 28 U.S.C. § 157(b)(2)(B).
. 564 U.S. -, -, 131 S.Ct. 2594, 2618, 180 L.Ed.2d 475 (2011) ("[T]he question is whether the action at issue stems from the bankruptcy itself or would necessarily be resolved in the claims allowance process.”)
. It appears as though the parties agreed to this allocation of the burden of proof at the Claim Objection Hearing, and that they did so
. 11 U.S.C. § 501(a).
. Goldsby's Claim, No. 10-12184 (Bankr. W.D.Tex. Dec. 6, 2010), Claims Register, Claim No. 5.
. Wells Fargo’s Claim, No. 10-12184 (Bankr.W.D.Tex. Dec. 6, 2010), Claims Register, Claim No. 6.
. Id.
. Goldsby’s Claim, No. 10-12184 (Bankr. W.D.Tex. Dec. 6, 2010), Claims Register, Claim No. 5.
. 11 U.S.C. § 502(a).
. Id; Collier on Bankruptcy ¶ 501.01 [b] (Alan N. Resnick & Henry J. Sommer eds., 16th ed.).
. Fed. R. Bankr. P. 3007. See also L. Rule 3007("(a) Objections to claims are contested matters and may be made on negative notice as set forth in L. Rule 9014 .... (b) All Objections to claims shall specifically set forth all bases for the objection. General denials regarding the accuracy of the claim without specific contentions regarding the disputed items may result in the Court denying the Objection.”). L.Rule 9014 incorporates some of the rules governing adversary proceedings from part VII of the Federal Rules of Bankruptcy Procedure, and others can be incorporated. See Local Rule 9014(h-i) (incorporating Fed. R. Bankr. P. 7015(c), Fed. R. Civ. P. 26(b) and (c), as implemented by Fed. R. Bankr. P. 7026).
. Debtor’s Obj. to Claims, No. 10-12184 (Bankr.W.D.Tex. Dec. 6, 2010), ECF Nos. 58, 60.
. Cavu/Rock Props. Project I, L.L.C. v. Gold Star Constr., Inc. (In re Cavu/Rock Props. Project I, L.L.C.), 516 B.R. 414, 422 (Bankr.
. Debtor’s Amended Brief in Support of Obj. to Claims, 10-12184 (Bankr.W.D.Tex. Jan. 21, 2011), EOF No. 96 at 6. Rule 3001 of the Federal Rules of Bankruptcy Procedure governs the form and content of a proof of claim. For claims based on a writing, Rule 3001(c)(1) requires creditors to file a copy of the writing with the proof of claim or, if the writing has been lost or destroyed, a statement of the circumstances of the loss or destruction. Fed. R. Bankr. P. 3001.
. Am. Benefit Life Ins. Co. v. Baddock (In re First Colonial Corp. of Am.), 544 F.2d 1291, 1298-99 (5th Cir. 1977) (citing Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir. 1974)); Arthur Andersen & Co. v. Perry Equip. Corp., 945 S.W.2d 812, 818-19 (Tex. 1997).
. Debtor’s Obj. to Claims, No. 10-12184 (Bankr. W.D. Tex. Dec. 6, 2010), ECF Nos. 58, 60.
. In re Armstrong, 320 B.R. 97, 102-04 (Bankr.N.D.Tex. 2005).
. In re Rally Partners, L.P., 306 B.R. 165, 168 (Bankr.E.D.Tex. 2003) (citing Lundell v. Anchor Const. Specialists, Inc. (In re Lundell), 223 F.3d 1035, 1041 (9th Cir. 2000); Sherman v. Novak (In re Reilly), 245 B.R. 768, 773 (2d Cir. BAP 2000) aff'd, 242 F.3d 367 (2d Cir. 2000)).
. Cavu/Rock Props. Project I, L.L.C. v. Gold Star Constr., Inc. (In re Cavu/Rock Props Project I, L.L.C.), 516 B.R. 414, 422 (Bankr.W.D.Tex. 2014); Rally Partners, L.P., 306 B.R. at 168.
. In re Cluff, 313 B.R. 323, 337 (Bankr.D.Utah 2004). Some courts have found that to challenge the prima facie validity of a claim, the objecting party must: "(1) assert in a writing filed with the Court that there is some reason the claimant does not have a right to payment; (2) sign the objection; (3) if appropriate, assert that the claim is in fact based on a writing and that the documentation attached to the claim is insufficient; and (4) come forward with some legal reason or some factual evidence to defeat the claim.” Id. While failure to attach documentation to support the proof of claim will not result in automatic disallowance of the claim, it "will strip the claim of its prima facie validity....” In re Brunson, 486 B.R. 759, 769 (Bankr. N.D.Tex. 2013) ("[Cjourts almost uniformly agree that the failure to attach documentation sufficient under Bankruptcy Rule 3001 will strip the claim of its prima facie validity under Bankruptcy Rule 3001(f), but will not result in automatic disallowance.”) The amount and type of documentary evidence needed to support a claim must be determined by the facts and circumstances of the individual case. In
. Wells Fargo's Claim, No. 10-12184 (Bankr.W.D.Tex. Dec. 6, 2010), Claims Register, Claim No. 6.
. Goldsby’s Claim, No. 10-12184 (Bankr. W.D.Tex. Dec. 6, 2010), Claims Register, Claim No. 5.
. Debtor's Obj. to Wells Fargo Claim, 10-12184 (Bankr. W.D. Tex. Dec. 6, 2010), ECF No. 60 at 4.
. In re Rally Partners, L.P., 306 B.R. 165, 168 (Bankr.E.D.Tex. 2003).
. Id.
. Arguably, the Debtor's assertion that Goldsby’s commission is not reasonable was insufficient to shift the burden of production to Goldsby on her section 502 claim because under section 502 the claim need not be reasonable, just enforceable. However, the distinction is irrelevant because this Court finds that Goldsby sufficiently supported her claim by producing evidence in subsequent filings and at the Claim Objection Hearing.
. Debtor’s Post-Remand Brief on Pleading Requirements, 10-12184 (Bankr.W.D.Tex. Jan. 8, 2015), ECF No. 210 at 6.
.Id.
. Wells Fargo’s Post-Remand Brief on Pleading Requirements, 10-12184 (Bankr. W.D.Tex. Dec. 30, 2014), ECF No. 209 at 1.
. Debtor’s Brief in Support of Obj. to Claims, 10-12184 (Bankr.W.D.Tex. Jan. 20, 2011), ECF No. 94 at 2.
. Debtor's Amended Brief in Support of Obj. to Claims, 10-12184 (Bankr.W.D.Tex. Jan. 21, 2011), ECF No. 96 at 2, 10-11.
. Id.
. Debtor's Amended Brief in Support of Obj. to Claims, 10-12184 (Bankr.W.D.Tex. Jan. 21, 2011), ECF No. 96 at 2-5.
. Id. at 6-7. The Debtor also pointed out that Wells Fargo failed to designate any exhibits for the hearing on the Objections to Claim, as required by the Local Rules for the Western District of Texas, and so would not be able to meet its burden of proof at the hearing. Id. at 6.
. 19 F.3d 1084, 1087 (5th Cir. 1994).
. Id. at 1087.
. Id.
. Id. at 1087 n.l.
. Ciesla v. Harney Mgmt. Partners (In re KLN Steel Products Co., L.L.C.), 506 B.R. 461, 477 (Bankr.W.D.Tex. 2014). This Court recognizes that the issue in Ciesla was decided under Bankruptcy Rule 7015, which is not
. Claim Objection Hr'g Xr. 29-30, 10-12184 (Bankr.W.D.Tex. Jan. 27, 2011), ECF No. 137.
. Oral Ruling Tr. 14, 10-12184 (Bankr. W.D.Tex. Feb. 28, 2011), ECF No. 129.
. 11 U.S.C. § 502(b); Travelers Cas. & Sur. Co. of Am. v. Pac. Gas & Elec. Co., 549 U.S. 443, 449, 127 S.Ct. 1199, 167 L.Ed.2d 178 (2007).
. 11 U.S.C. § 502(b)(1).
. Travelers, 549 U.S.at 450, 127 S.Ct. 1199 (citation omitted).
. Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 368, 377-78 (5th Cir. 2014) (citing Garcia v. Gomez, 319 S.W.3d 638, 646 (Tex. 2010)).
. Arthur Andersen & Co. v. Perry Equip. Corp., 945 S.W.2d 812, 818 (Tex. 1997) (citing Tex. Disciplinary R. Prof. Conduct 1.04, reprinted in Tex. Gov't Code, tit. 2, subtit. G app. (State Bar Rules, art. X, § 9)).
. Id. at 819.
. Claim Objection Hr'g Tr. 77, 10-12184 (Bankr. W.D. Tex. Jan. 27, 2011), ECF No. 137.
. Id. at 86.
. Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 368, 377-78 (5th Cir. 2014) ("We note that even if Texas law governed the issue of attorney's fees, the Supreme Court of Texas has recognized that a noteholder can be limited to reasonable attorney's fees notwithstanding a clause in the note obligating payment of a specified percentage of the loan at attorney’s fees to the noteholder. Under Texas law, Wells Fargo would bear the burden of demonstrating that the fees it requested were reasonable.”) (citing Garcia v. Gomez, 319 S.W.3d 638, 646 (Tex. 2010); F.R. Hernandez Constr. & Supply Co. v. Nat’l Bank of Commerce of Brownsville, 578 S.W.2d 675, 676-77 (Tex. 1979)). See also Schwertner Backhoe Servs., Inc. v. Kirk (In re Kirk), 525 B.R. 325, 335-37 (Bankr.W.D.Tex. 2015) (citing Arthur Andersen & Co. v. Perry Equip. Corp., 945 S.W.2d 812, 818 (Tex. 1997)).
. Remand Hr’g Oral Argument at 10:20-22, 10-12184 (Bankr.W.D.Tex. Dec. 18, 2014).
. Oral Ruling Tr. 14, 10-12184 (Bankr. W.D.Tex. Feb. 28, 2011), ECF No. 129, see transcript excerpt below at note 67.
.Id:
MR. SATHER: Your Honor, is that the Court’s ruling on the claims objections as well?
THE COURT: On the claims objection, as I understood it, there was also in there — your argument was that if I disallowed it as it related to the collateral,- there was still the question as raised by Mr. Valdes why that couldn't be an unsecured claim. Correct? MR. SATHER: Yes, your Honor.
THE COURT: And your argument was, as I understand it, well if you can’t prove it up as an over-secured claim, you can’t prove it up as an unsecured claim. Correct?
MR. SATHER: That is correct. But if it’s denied as not reasonable, it can’t be allowed as an unsecured claim.
THE COURT: And that's correct. And reluctantly, I will say, reluctantly, that’s the finding of the Court, that it can't be allowed as an unsecured claim either because there’s not the proper proof for the Court to allow it.
Id. The highlighted language clearly refers to the lack of evidence submitted by Wells Fargo, but could not apply to Goldsby, as she did introduce substantial evidence in support of her claim.
. Goldsby Resp. to Debtor’s Mtn to Disburse Funds, 10-12184 (Bankr.W.D.Tex. Jan. 7, 2011), ECF No. 87, Ex. A, at 4.
. Claim Objection Hearing Tr. 32, 10-12184 (Bankr.W.D.Tex. Jan. 27, 2011), ECF No. 137.
. Id. at 45.
. Id.
. Wells Fargo Bank N.A. v. 804 Congress, L.L.C (In re 804 Congress, L.L.C.), 756 F.3d 368, 376 n. 30 (5th Cir. 2014) (citing Adams v. First Nat’l Bank of Bells/Savoy, 154 S.W.3d 859, 874 (Tex.App.-Dallas 2005, no pet.) (enforcing five-percent commission provision)). See also Airline Commerce Bank v. Commercial Credit Corp., 531 S.W.2d 171, 176 (Tex. - Civ.App.-Houston [14th Dist.] 1975, writ ref’d n.r.e.) (same)).
. Remand Hr'g Oral Argument at 10:24, 10-12184 (Bankr.W.D.Tex. Dec. 18, 2014).
. 70 See cases cited at note 72 above.
. Although this threshold legal issue might more logically have been addressed first, before the application of section 502 to the facts, the Court reversed the order of the discussion to make sure, as instructed by the Fifth Circuit, that the record on the section 502 issue was adequately developed. Wells Fargo Bank N.A. v. 804 Congress, L.L.C (In re 804 Congress, L.L.C.), 756 F.3d 368, 380 (5th Cir. 2014).
. Id. at 378-80 (citing UPS Capital Bus. Credit v. Gencarelli (In re Gencarelli), 501 F.3d 1, 5 (1st Cir. 2007); Welzel v. Advocate Realty Invs., L.L.C. (In re Welzel), 275 F.3d 1308, 1317-18 (11th Cir. 2001); Joseph F. Sanson Inv. Co. v. 268 Ltd. (In re 268, Ltd.), 789 F.2d 674, 678 (9th Cir. 1986)). See also Ogle v. Fid. & Dep. Co. of Maryland, 586 F.3d 143, 148-49 (2d Cir. 2009) (holding that an unsecured creditor is entitled to recover post-
. 804 Congress, L.L.C., 756 F.3d at 379 (citing United Savings Ass’n of Texas v. Timbers of Inwood Forest Assocs., 484 U.S. 365, 372-73, 108 S.Ct. 626, 98 L.Ed.2d 740 (1988)).
. 74 See In re Seda France, Inc., No. 10-12948, 2011 WL 3022563 at *1 (Bankr.W.D.Tex. July 22, 2011); Pride Cos., L.P. v. Johnson (In re Pride Cos., L.P.), 285 B.R. 366 (Bankr.N.D.Tex. 2002).
. Claim Objection Hr’g Tr. 50, 10-12184 (Bankr.W.D.Tex. Jan. 27, 2011), ECF No. 137 at 50.
. Id. at 45.
. 11 U.S.C. §§ 502, 506; U.S. v. Ron Pair Enters., 489 U.S. 235, 241-42, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989) (finding that under section 506(b) fees, costs and charges must all be reasonable, and must be allowed by agreement).
. Debtor’s Post-Remand Brief, 10-12184 (Bankr.W.D.Tex. Nov. 15, 2014), ECF No. 207 at 11-12.
. Id. at 10-11.
. 484 U.S. 365, 372-73, 108 S.Ct. 626, 98 L.Ed.2d 740 (1988).
. See SNTL Corp. v. Centre Ins. Co. (In re SNTL Corp.), 571 F.3d 826, 841-45 (9th Cir. 2009) (discussing the four primary arguments regarding allowance of an unsecured claim for attorney’s fees that were incurred postpe-tition).
. Ogle v. Fid. & Dep. Co. of Maryland, 586 F.3d 143, 148-49 (2nd Cir. 2009); SNTL, 571 F.3d at 841-45; UPS Capital Bus. Credit v. Gencarelli (In re Gencarelli), 501 F.3d 1, 5 (1st Cir. 2007); Official Comm. of Unsecured Creditors v. Dow Corning Corp. (In re Dow Corning Corp.), 456 F.3d 668, 680-83 (6th Cir. 2006); Welzel v. Advocate Realty Invs., L.L.C. (In re Welzel), 275 F.3d 1308, 1317-18 (11th Cir. 2001).
. 11 U.S.C. § 506(b). Debtor’s Post-Remand Brief, 10-12184 (Bankr.W.D.Tex. Nov. 15, 2014), ECF No. 207 at 13 (quoting Scar-berry, Interpreting Banlcmptcy Code Sections 502 and 506: Post-Petition Attorneys’ Fees in a Post-Travelers World, 15 Am. Bankr.Inst. Law Rev. 611 (Winter 2007)).
. 11 U.S.C. § 506(b).
. 11 U.S.C. § 502. Courts have disallowed attorney’s fees, in particular, under section 502, on the basis that section 502 is not on the list of Bankruptcy Code sections that provide for allowance of attorney's fees: 11 U.S.C. §§ 506 (oversecured creditors), 330 (estate professionals), 503 (administrative claims for fees that benefit the estate), 362(k) (as part of damages for violating the stay), and 523(d) (to debtors who win actions under 523). In re Seda France, No. 10-12948, 2011 WL 3022563 at *3 (Bankr.W.D.Tex. 2011); In re Elec. Mach., 371 B.R. 549, 551 (Bankr.M.D.Fla. 2007); Pride Cos., L.P. v. Johnson (In re Pride Cos., L.P.), 285 B.R. 366, 372 (Bankr.N.D.Tex. 2002). But see SNTL, 571 F.3d at 842-43. However, each of the cited sections has a very distinct purpose and, with the exception of section 330 (which is not applicable here), the allowance of attorney’s fees is only one limited aspect of what those sections address. Section 502, in contrast, broadly covers all claims against the estate, and so should apply to allowance of attorneys' fees or costs outside the specific contexts addressed by those statutes.
. 571 F.3d at 842-43.
. 11 U.S.C. § 502(b); Id.
. SNTL Corp. v. Centre Ins. Co. (In re SNTL Corp.), 571 F.3d 826, 842-43 (9th Cir. 2009); UPS Capital Bus. Credit v. Gencarelli (In re Gencarelli), 501 F.3d 1, 5 (1st Cir. 2007).
. SNTL, 571 F.3d at 842 ("Section 502(b), which applies to claims generally, does disallow unmatured interest (see 11 U.S.C. § 502(b)(2)); it does not specifically disallow attorneys’ fees of creditors or certain other charges. Section 506(b), on the other hand, specifies what may be included in a secured claim."); Gencarelli, 501 F.3d at 5 ("There is universal agreement that whereas section 506 furnishes a series of useful rules for determining whether and to what extent a claim is secured (and, therefore, entitled to priority), it does not answer the materially different question of whether the claim itself should be allowed or disallowed.... Rather, the general rules that govern the allowance or disallowance of claims are set out in section 502.” (internal citation omitted)).
. 549 U.S. 443, 127 S.Ct. 1199, 167 L.Ed.2d 178 (2007).
. Id. at 452-53, 127 S.Ct. 1199 (abrogating Fobian v. Western Farm Credit Bank (In re Fobian), 951 F.2d 1149 (9th Cir. 1991)).
. Id. at 449-51, 127 S.Ct. 1199.
. Id. at 450-54, 127 S.Ct. 1199.
. Travelers Cas. & Sur. Co. of Am. v. Pac. Gas & Elec. Co., 549 U.S. 443, 455, 127 S.Ct. 1199, 167 L.Ed.2d 178 (2007).
. Welzel v. Advocate Realty Invs., L.L.C. (In re Welzel), 275 F.3d 1308, 1315 (11th Cir. 2001) (citing First W. Bank & Trust v. Drewes (In re Schriock Constr., Inc.), 104 F.3d 200 (8th Cir. 1997); Hudson Shipbuilders, 794 F.2d at 1051; Joseph F. Sanson Inv. Co. v. 268 Ltd. (In re 268, Ltd.), 789 F.2d 674, 675-76 (9th Cir. 1986); Unsecured Creditors’ Comm. 82-00261C-11A v. Walter E. Heller & Co. S.E., Inc. (In re K.H. Stephenson Supply Co.), 768 F.2d 580 (4th Cir. 1985)); Blackburn-Bliss Trust v. Hudson Shipbuilders, Inc. (In re Hudson Shipbuilders, Inc.), 794 F.2d 1051, 1056-57 (5th Cir. 1986).
. SNTL Corp. v. Centre Ins. Co. (In re SNTL Corp.), 571 F.3d 826, 842 n. 17 (9th Cir. 2009); Welzel, 275 F.3d at 1314-16 (discussing reasonableness standard under section 506(b) verses enforceability standard under state law). See also Hudson Shipbuilders, 794 F.2d at 1058. (finding that bankruptcy courts should determine "reasonableness” under section 506 using the factors set forth in Am. Benefit Life Ins. Co. v. Baddock (In re First Colonial Corp. of Am.), 544 F.2d 1291, 1299
. Travelers, 549 U.S. at 450, 127 S.Ct. 1199.
. Remand Hr’g Oral Argument at 10:24, 10-12184 (Bankr.W.D.Tex. Dec. 18, 2014).
. 744 F.2d 332 (3d Cir. 1984) overruled by Jeld-Wen, Inc. v. Van Brunt (In re Grossman's Inc.), 607 F.3d 114 (3d Cir. 2010).
. Pride Cos., L.P. v. Johnson (In re Pride Cos, L.P.), 285 B.R. 366, 373 (Bankr.N.D.Tex. 2002) (citing In re Waterman, 248 B.R. 567, 573 (8th Cir. BAP 2000); Sakowitz, Inc. v. Chase Bank Int’l (In re Sakowitz), 110 B.R. 268, 271 (Bankr.S.D.Tex. 1989)).
. Claim Objection Hr’g Tr. 29-30, 10-12184 (Bankr.W.D.Tex. Jan. 27, 2011), ECF No. 137, Def. Ex. 3 at 3 ("If requested by the Beneficiary to foreclose this lien, Trustee shall ... from the proceeds of the sale, pay ... expenses of foreclosure, including a commission to Trustee of 5% of the bid....”).
. According to section 101(5), a claim is a:
(A) Right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured,*229 unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or
(B) Right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.
11 U.S.C. § 101(5) (emphasis added).
. See SNTL Corp. v. Centre Ins. Co. (In re SNTL Corp.), 571 F.3d 826, 843-44 (9th Cir. 2009).
. 11 U.S.C. § 502(c)(1).
. 744 F.2d 332 (3d Cir. 1984) overruled by Jeld-Wen, Inc. v. Van Brunt (In re Grossman's Inc.), 607 F.3d 114 (3d Cir. 2010).
. Jeld-Wen, Inc. v. Van Brunt (In re Grossman’s Inc.), 607 F.3d 114, 120 (3d Cir. 2010) (citing Jones v. Chemetron Corp., 212 F.3d 199, 205-06 (3d Cir. 2000); Cadleway Props., Inc. v. Andrews (In re Andrews), 239 F.3d 708, 710 n. 7 (5th Cir. 2001); Watson v. Parker (In re Parker), 313 F.3d 1267, 1269-70 (10th Cir. 2002); Am. Law Ctr. PC v. Stanley (In re Jastrem), 253 F.3d 438, 442 (9th Cir. 2001); Epstein v. Official Comm. of Unsecured Creditors of the Estate of Piper Aircraft Corp. (In re Piper Aircraft, Corp.), 58 F.3d 1573, 1576 n. 2 (11th Cir. 1995); Woburn Assocs. v. Kahn (In re Hemingway Transp., Inc.), 954 F.2d 1, 8 n. 9 (1st Cir. 1992); Grady v. A.H. Robins Co., Inc., 839 F.2d 198, 200-02 (4th Cir. 1988); Official Comm. of Asbestos Pers. Injury Claimants v. Sealed Air. Corp. (In re W.R. Grace & Co.), 281 B.R. 852, 860 (Bankr.D.Del. 2002); Firearms Imp. & Exp. Corp. v. United Capitol Ins. Co. (In re Firearms Imp. & Exp. Corp.), 131 B.R. 1009, 1015 (Bankr.S.D.Fla. 1991); In re Pan Am. Hosp. Corp., 364 B.R. 839, 843 (Bankr.S.D.Fla. 2007)).
. Jeld-Wen, 607 F.3d at 125.
. La. Dep’t of Envtl. Quality v. Crystal Oil Co. (In re Crystal Oil), 158 F.3d 291, 296 (5th Cir. 1998) (quoting In re Chicago, Milwaukee, St. Paul & Pac. R.R. Co., 974 F.2d 775, 786 (7th Cir. 1992)). See also In re Hudson Oil Co., Inc., 100 B.R. 72, 79-80 (Bankr.D.Kan. 1989) (finding that the bankruptcy court could estimate a claim for future cleanup costs under section 502(c)); In re Asarco, L.L.C., No. 05-21207, 2009 WL 8176641 at *5 (Bankr.S.D.Tex. June 5, 2009) (discussing hearings wherein the Court heard evidence related to estimating several environmental claims for future cleanup costs in the context of a motion to settle the claims).
. Ogle v. Fid. & Dep. Co. of Maryland, 586 F.3d 143, 146-47 (2nd Cir. 2009); SNTL Corp. v. Centre Ins. Co. (In re SNTL Corp.), 571 F.3d 826, 843-44 (9th Cir. 2009).
. 484 U.S. 365, 108 S.Ct 626, 98 L.Ed.2d 740 (1988).
. 371 B.R. 549, 551 (Bankr.M.D.Fla. 2007) (citations omitted).
. Id.
. 11 U.S.C. § 502(b)(2).
. Ogle v. Fid. & Dep. Co. of Maryland, 586 F.3d 143, 148-49 (2d Cir. 2009); SNTL Corp. v. Centre Ins. Co. (In re SNTL Corp.), 571 F.3d 826, 844-45 (9th Cir. 2009); Official. Comm. of Unsecured Creditors v. Dow Corning Corp. (In re Dow Corning Corp.), 456 F.3d 668, 682 (6th Cir. 2006).
. UPS Capital Bus. Credit v. Gencarelli (In re Gencarelli), 501 F.3d 1, 7 (1st Cir. 2007); Welzel v. Advocate Realty Invs., L.L.C (In re Welzel), 275 F.3d 1308, 1319 (11th Cir. 2001).
. In re Elec. Mach. Enters., Inc., 371 B.R. 549, 551-52 (Bankr.M.D.Fla. 2007) (citing Pride Cos., L.P. v. Johnson (In re Pride Cos., L.P.), 285 B.R. 366, 373-74 (Bankr.N.D.Tex. 2002).
. Id.
. 368 B.R. 882 (Bankr.N.D.Cal. 2007).
. Id. at 886.
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