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§ 523(c)

In re Gomez

Feb
04
2011
Ruling
Debtor's attorneys' fees awarded as sanction for creditor's improper filing and prosecution of late claim.
Procedural posture

A debtor's counsel filed an application for fees to be paid by the creditors' counsel after the court determined that the creditors' late filing of a complaint under 11 U.S.C.S. § 523(c), motion to allow late filing, and application for entry of default judgment violated Fed. R. Bankr. P. 9011.

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Consumer opinion summary, case decided on February 04, 2011 , LexisNexis #0311-015
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Winters v. United States (In re Winters)

Dec
27
2006
Ruling
Civil penalty under False Claims Act was nondischargeable but punitive damages and fees were dischargeable due to failure of U.S. Government to filed adversary proceeding.
Procedural posture

Plaintiff debtor brought an adversary claim seeking the discharge of a civil judgment and related obligations entered against him in favor of defendant United States, based upon violations of the False Claims Act, 31 U.S.C. §§ 3729–33. The Government moved for summary judgment of nondischargeability under 11 U.S.C. § 523. The Government had failed to timely file a complaint under 11 U.S.C. § 523(c).

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opinion summary, case decided on December 27, 2006 , LexisNexis #0207-092
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