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IN RE SCARLET HOTELS, LLC

No. 08-8002.

392 B.R. 698 (2008)

In re SCARLET HOTELS, LLC, Debtor.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: August 22, 2008.

Attorney(s) appearing for the Case

ON BRIEF: Bruce C. Bailey, Harold L. North, Jr., Chambliss, Bahner & Stophel, P.C., Chattanooga, Tennessee, for Appellant.

Gregory A. Cross, Venable LLP, Baltimore, Maryland, Joseph R. Prochaska, Williams & Prochaska, P.C., Nashville, Tennessee, for Appellee.

Before: FULTON, McIVOR and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

OPINION

THOMAS H. FULTON, Bankruptcy Judge.

Scarlet Hotels, LLC (the "Debtor") appeals the bankruptcy court's order awarding attorneys' fees and expenses to an oversecured creditor pursuant to § 506 of the Bankruptcy Code.1

I. ISSUES ON APPEAL

The issues presented on appeal are (A) whether the bankruptcy court improperly placed the burden upon the Debtor to prove that the oversecured creditor's requested...

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