Discover Bank v. Paintiff (In re Paintiff)
Apr
27
2012
Ruling
Debtor's attorneys' fees awarded after dismissal of nondischargeability proceeding due to creditor's failure to seriously investigate claim prior to filing.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed credit card debt that was nondischargeable under 11 U.S.C. § 523(a)(2)(A). The court granted the debtor's motion for summary judgment and dismissed the case, and the debtor asked the court for reimbursement under 11 U.S.C. § 523(d) of attorney's fees she incurred to defend the bank's action.
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Court
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