2. In re United Merchs. & Mfrs., Inc., 674 F.2d 134 (2d Cir. 1982); Feldman v. Kings Highway Sav. Bank, 102 N.Y.S.2d 306 (App. Div. 2d Dep’t 1951); In re GMX Res., Inc., No. 13-11456-SAH (Bankr. W.D. Okla. 2013); In re A.J. Lane & Co., Inc., 113 B.R. 821 (Bankr. D. Mass. 1990).

In its November 5, 2009 opinion in Ogle v. Fidelity & Deposit Company of Maryland, the Second Circuit held — as the Ninth Circuit did in the SNTL Corp. case — that an unsecured creditor can include post-petition attorney’s fees authorized under a prepetition contract valid under state law. In Ogle, the Second Circuit extended its holding in United Merchants & Manufacturers, Inc. v. Equitable Life Assurance Society of the United States, 674 F.2d 134 (2d Cir. 1982), a case decided under the Bankruptcy Act, and concluded that United Merchants survived both the statutory revisions made by the Bankruptcy Code and the Supreme Court’s Travelers decision.In reaching this result, the Second Circuit analyzed the issues presented, in part, as follows:All of the fees at issue in Travelers were incurred post-petition; so the amount was necessarily unknown when the bankruptcy petition was filed. It follows that if an unsecured claim for post-petition fees was for that reason unrecoverable, the Travelers Court could have disposed of the claim on that simple, available ground alone.