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IN RE CRAFTY FOX, LTD.

Civ. A. No. 77-00164.

475 F.Supp. 634 (1979)

In re CRAFTY FOX, LTD., Debtor. Appeal of Lloyd D. FLORA and the Estate of Reba F. Flora.

United States District Court, W. D. Virginia, Roanoke Division.

August 24, 1979.

Attorney(s) appearing for the Case

Donald L. Wetherington, Wetherington, Flippin, Melchionna, Bosserman & Burton, Roanoke, Va., for Lloyd D. Flora and The Estate of Reba F. Flora.

Joseph P. Bounds, King, Fulghum, Renick & Bounds, Roanoke, Va., for debtor.

Ralph B. Rhodes, Rocky Mount, Va., for Farmers and Merchants Bank of Boones Mill, Virginia.

Diana M. Perkinson, Perkinson & Perkinson, Roanoke, Va., for Creditors' Committee.

MEMORANDUM OPINION

TURK, Chief Judge.

This case involves the question of the extent to which the Bankruptcy Court is bound by a provision in a secured note awarding stipulated attorney's fees to the secured creditor in the event he finds it necessary to employ counsel for purposes of collection.

Crafty Fox, Inc. ("Crafty Fox"), on April 15, 1973, executed a "Deed of Trust Note" evidencing its indebtedness to the appellants, non-commercial lenders...

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