It is common if not universal for loan documents to provide for attorneys’ fees for costs of enforcement in the event of default but also somewhat common for courts to be reluctant to award fees — often finding some way to deny requests or discount them substantially, for example.
Judge Donovan Frank, however, in this recent decision imposed the full brunt of this substantial fee petition on the debtor, awarding fees in excess of $200,000 incurred in the process of collecting a debt of about half that.