- 11 U.S.C.
Discover Bank. V. Ferguson (In re Ferguson)
Aug
03
2012
Ruling
Debtor entitled to fees and costs due to creditor's erroneous filing of nondischargeability proceeding.
Procedural posture
Credit card creditor filed an adversary proceeding asserting that a disputed debt in the amount of $2,902.44 survived discharge by the chapter 7 debtor pursuant to 11 U.S.C.S. § 523(a)(2)(C). Creditor later conceded that the debt was dischargeable, and debtor sought an award of attorney's fees and costs under 11 U.S.C.S. § 523(d).
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Court
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