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After Agway filed for bankruptcy under Chapter 11, Fidelity duly made payments to Agway's creditors, unsuccessfully demanded indemnity under the Agreements, and incurred attorneys' fees in litigation to collect from Agway. "A claim will be deemed to have arisen pre-petition if the relationship between the debtor and the creditor contained all of the elements necessary to give rise to a legal obligation — a right to payment — under the relevant non-bankruptcy law." Id. In the present appeal, as in Travelers: The underlying contract is valid as a matter of state substantive law; none of the section 502(b)(2)-(9) exceptions apply; and the Code is silent as to the particular question presented — in Travelers, whether the Code allows "unsecured claims for contractual attorney's fees incurred while litigating issues of bankruptcy law," 549 U. Accord SNTL, 571 F.3d at 844 ("[W]e reject the position ... "[C]laims enforceable under applicable state law will be allowed in bankruptcy unless they are expressly disallowed." Travelers, 549 U. which required Agway to indemnify Fidelity for attorneys' fees that it might incur to enforce the Agreements against Agway. usually refer[s] to a right to payment recognized under state law." Travelers, 549 U. Corp., 209 F.3d 125, 128-29 (2d Cir.2000) (internal quotation marks omitted). as of the date of the filing of the petition" — does not bar recovery of post-petition attorneys' fees. Accordingly, we hold that an unsecured claim for post-petition fees, authorized by a valid pre-petition contract, is allowable under section 502(b) and is deemed to have arisen pre-petition.
A plan must expressly retain claims to preserve a liquidating trust’s standing to pursue them after plan confirmation.of Maryland (Fidelity) entered into several agreements (agreements) with the company that required it to indemnify Fidelity for attorneys’ fees that it might incur to enforce its agreements with Agway.According to the agreements, Fidelity was to provide surety bonds to Agway’s insurers under which it was to be indemnified., The United States Court of Appeals for the Second Circuit held on November 2009 that a creditor was entitled to its post-petition legal fees incurred on a pre-petition indemnity agreement.In affirming the lower courts, the Second Circuit explained that the Bankruptcy Code (Code) “interposes no bar to recovery.” Before Agway filed for Chapter 11, Fidelity & Deposit Co.