FIA Card Servs. V. Knoche (In re Shahidulla)
Feb
22
2012
Ruling
Debtor awarded attorneys' fees and costs for defending nondischargeability proceeding that did not have reasonable basis in fact.
Procedural posture
Credit card company filed a proceeding seeking to except from discharge, pursuant to 11 U.S.C.S. § 523(a)(2)(A), $3,359 plus interest in credit card debt owed by defendant debtor. The matter was before the court pursuant to paragraph 3 of its order dated January 13, 2012 in which it ordered the parties to file briefs on the issue of whether it should enter an award of costs and reasonable fees to debtor pursuant to 11 U.S.C.S. § 523(d).
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Court
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