Skip to main content

§ 523(d)

FIA Card Servs. V. Conant (In re Conant)

Jan
23
2012
Ruling
Debtor awarded most of attorneys' fees incurred in defending creditor's substantially unjustified nondischargeability proceeding.
Procedural posture

Counsel for defendant debtor filed an application for compensation pursuant to 11 U.S.C.S. § 523(d), requesting compensation for services in the sum of $10,683.75 and reimbursement of expenses in the sum of $45.98.

ABI Membership is required to access the full summary of FIA Card Servs. V. Conant (In re Conant) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 23, 2012 , LexisNexis #0212-122
LexisNexis Article
Learn More

In re Malone

Aug
29
2011
Ruling
Debtors entitled to recover attorneys' fees for unjustified nondischargeability proceedings brought by creditor bank.
Procedural posture

Chapter 13 debtors' counsel requested approval and payment of fees and costs pursuant to 11 U.S.C.S. § 523(d).

ABI Membership is required to access the full summary of In re Malone Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 29, 2011 , LexisNexis #0911-122
LexisNexis Article
Learn More

FIA Card Servs. N.A. v. Dunbar (In re Dunbar)

Aug
05
2011
Ruling
Debtor entitled to recover reasonable attorneys' fees from creditor who brought dischargeability proceeding that was not substantially justified.
Procedural posture

Plaintiff creditor filed a complaint seeking exception from discharge under 11 U.S.C.S. § 523(a)(2) for cash advances it made to defendant, a Chapter 7 debtor. The debtor denied the material allegations and asserted a counterclaim for attorney's fees and costs under 11 U.S.C.S. § 523(d).

ABI Membership is required to access the full summary of FIA Card Servs. N.A. v. Dunbar (In re Dunbar) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 05, 2011 , LexisNexis #0911-051
LexisNexis Article
Learn More

Fein P.C. & Assoc. v. Young (In re Young)

Mar
08
2010
Ruling
Debtor awarded attorneys' fees for defending dischargeability proceeding that was time barred.
Procedural posture

The court held that plaintiff creditor law firm's adversary proceeding, alleging the debtor's obligation to pay the firm's fees for representing the debtor in her divorce was nondischargeable under 11 U.S.C.S. § 523, was time barred as a matter of law. The debtor then moved for attorney's fees under § 523(d), arguing the dischargeability complaint had not been substantially justified and no special circumstances would make a fee award unjust.

ABI Membership is required to access the full summary of Fein P.C. & Assoc. v. Young (In re Young) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 08, 2010 , LexisNexis #0510-091
LexisNexis Article
Learn More
Subscribe to %1