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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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Consumer opinion summary, case decided on February 22, 2012 , LexisNexis #0412-019
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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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Consumer opinion summary, case decided on February 22, 2012 , LexisNexis #0312-125
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In re Toberman

Nov
22
2006
Ruling
IRS was entitled to a priority unsecured claim for debtor's failure to remit withholding taxes.
Procedural posture

When debtor filed a chapter 7 bankruptcy proceeding, the IRS filed a proof of claim in which it asserted that, by reason of unpaid employee withholding taxes, it was a priority unsecured creditor under 11 U.S.C. § 507(a)(8) and was entitled to a stated sum in that capacity. The trustee objected to the IRS claim and also claimed that it was properly subordinated per 11 U.S.C. § 510(c).

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opinion summary, case decided on November 22, 2006 , LexisNexis #0307-022
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