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action by the debtor, a post-petition service rendered by the claimant that is necessary to preserve the bankruptcy estate. The Tenth Circuit affirmed the Bankruptcy Court grant of administrative priority status to wages to musicians for their mere availability, because the viability of the orchestra depended on the availability of musicians, regardless of various cancellations of rehearsals or performances. The end date for the claim period would be the date of the order terminating the CBA and not the date of the trustee's motion to reject the CBA, because unilateral termination of a CBA is prohibited pursuant to § 1113(f), and despite a delay in the issuance of the order that was caused by the musicians, any delay could have been but was not addressed by the Trustee pursuant to the interim relief provision of § 1113(e).)
In re Oswalt, 444 F.3d 524 (6th Cir. April 20, 2006) (Michigan legislature's postpetition amendment of Michigan Mobile Home Commission Act (MMHCA) precluded the avoidance of a creditor's security interest in the debtor's mobile home. The creditor had recorded a traditional mortgage lien, and the lien was not noted on the mobile home's title. The Sixth Circuit had previously ruled that under Michigan law a security interest in a mobile home could be perfected only by a lien noted on the title. After the filing of the debtor's bankruptcy petition, the Michigan legislature amended the MMHCA to state that a lien in a mobile home could be perfected by a traditional mortgage lien, and it gave the amendment retroactive effect. The Sixth Circuit ruled that the postpetition statutory amendment clarified the legislature's intent regarding the MMHCA, and thus its application to the creditor's pre-petition lien was appropriate.)
In re EnRe LP, 457 F.3d 493 (5th Cir. July 25, 2006) (Holder of allowed secured claim arising from a statutory lien, rather than a consensual security agreement, may not recover attorney's fees and costs under pre-BAPCPA § 506(b). Creditors performed work on debtor's oil and gas wells. Contracts between the debtor and the creditors provided that debtor would pay attorney's fees and costs in the event of litigation to collect amounts owed under the contracts. The contracts did not grant a security interest, however. Instead, the creditors claimed security interests under statutory mineral liens. The relevant state statutes also provided that claimants recovering under statutory mineral liens may recover attorney's fees and costs. Nonetheless, the Court denied attorney's fees and costs because the secured claim was based on a lien arising out of state law, not out of the parties' agreement, and § 506(b), pre-BAPCPA, provides for attorney's fees and costs only when they are "provided for under the agreement.")
In re A & P Diversified Technologies Realty, Inc., 467 F.3d 337 (3rd Cir. Jan 19, 2006) (Section 506(b) does not entitle creditor to attorneys fees, where
