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§§ 101 et seq., does not explicitly state whether an unsecured creditor can collect post-petition attorneys' fees based on a pre-petition indemnity agreement. Clark Ogle (“Ogle”), concedes that Fidelity has a right to the fees under state contract law, but refuses to pay on the ground that the Code bars such recovery. Travelers addresses the first, and United Merchants the second. “Under contract law, a right to payment based on a written indemnification contract arises at the time the indemnification agreement is executed.” Manville, 209 F.3d at 129.
1199, it is decisive here that the Code says nothing about such fees incurred litigating things other than issues of bankruptcy law.
In United Merchants, however, we rejected the idea “that the policy of equitable distribution” defeats “an unsecured creditor's otherwise valid contractual claim for collection costs ․”: When equally sophisticated parties negotiate a loan agreement that provides for recovery of collection costs upon default, courts should presume, absent a clear showing to the contrary, that the creditor gave value, in the form of a contract term favorable to the debtor or otherwise, in exchange for the collection costs provision.