Hunt, In re--Lin v. Hunt
Mar
16
2022
Ruling
Debtors were entitled to a portion of their reasonable attorney's fees as creditors could notsatisfy their statutory burden to show all of their claims against debtors were substantiallyjustified. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Award of Attorney’s Fees and Costs When Creditor's
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Rigney, In re--Dr. Gil Center for Back, Neck and Chronic Pain Relief v. Rigney
Oct
12
2021
Ruling
Post-judgment award of attorney's fees denied as there was both a reasonable legal and factualbasis for the adversary proceeding. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Award of Attorney’s Fees and Costs When Creditor's
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Judge or Jurisdiction information not available
Gamboa, In re--Matthews v. Gamboa
Sep
17
2020
Ruling
Fee request by prevailing party in dischargeability proceeding was denied as fee-shiftingapplied only to claims under § 523(a)(2). (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Award of Attorney’s Fees and Costs When Creditor's
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Ellison, In re--Mathews v. Ellison
Apr
23
2020
Ruling
Creditor's request for attorney's fees in nondischargeability proceeding denied as notrequested in the complaint. (Bankr. D.S.C.)
Issue(s)
Exceptions to Discharge; Award of Attorney’s Fees and Costs When Creditor's
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Judge or Jurisdiction information not available
Lionetti, In re--Lionetti v. Law Offices of Steven H. Marcus
Mar
11
2020
Ruling
Denial of award of attorney's fees was reversed as the bankruptcy court erred in its applicationof the "substantially justified" standard where there was no specific evidence of fraudulentintent before the court. (B.A.P. 9th Cir.)
Issue(s)
Exceptions to Discharge; Award of Attorney’s Fees and Costs When Creditor's
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Judge or Jurisdiction information not available
Verbeck, In re
Oct
17
2016
Ruling
Court would award reasonable fees and costs debtor incurred after October 17, 2016 only ifplaintiff's claim was discharged. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Award of Attorney’s Fees and Costs When Creditor's Nondischargeability Action is Not Justified.
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A & S Inv. LLC v. Wank (In re Wank)
May
14
2015
Ruling
Debtor not entitled to attorneys' fees incurred in defending nondischargeability proceeding.
Issue(s)
Was debtor entitled to attorneys' fees incurred in defending nondischargeability proceeding?
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Swenby v. Swenby (In re Swenby)
Apr
23
2015
Ruling
Debtor denied award of attorneys' fees incurred in adversary proceeding brought by brother.
Issue(s)
Was debtor entitled to attorneys' fees for defending an adversary proceeding brought by brother?
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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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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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