§ 523(d)

Ellison, In re--Mathews v. Ellison

Ruling: 
Creditor's request for attorney's fees in nondischargeability proceeding denied as notrequested in the complaint. (Bankr. D.S.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on April 23,2020, LexisNexis #0620-063

Lionetti, In re--Lionetti v. Law Offices of Steven H. Marcus

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.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0520-038

Verbeck, In re

Ruling: 
Court would award reasonable fees and costs debtor incurred after October 17, 2016 only ifplaintiff's claim was discharged. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on October 17,2016, LexisNexis #0118-075

A & S Inv. LLC v. Wank (In re Wank)

Ruling: 
Debtor not entitled to attorneys' fees incurred in defending nondischargeability proceeding.
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Consumer case opionion summary, case decided on May 14,2015, LexisNexis #0615-056

Swenby v. Swenby (In re Swenby)

Ruling: 
Debtor denied award of attorneys' fees incurred in adversary proceeding brought by brother.
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Consumer case opionion summary, case decided on April 23,2015, LexisNexis #0515-087

Discover Bank v. Paintiff (In re Paintiff)

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.
Ruling: 
Debtor's attorneys' fees awarded after dismissal of nondischargeability proceeding due to creditor's failure to seriously investigate claim prior to filing.
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Consumer case opionion summary, case decided on April 27,2012, LexisNexis #0512-084

FIA Card Servs. V. Knoche (In re Shahidulla)

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).
Ruling: 
Debtor awarded attorneys' fees and costs for defending nondischargeability proceeding that did not have reasonable basis in fact.
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Consumer case opionion summary, case decided on February 22,2012, LexisNexis #0412-019

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

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.
Ruling: 
Debtor awarded most of attorneys' fees incurred in defending creditor's substantially unjustified nondischargeability proceeding.
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Consumer case opionion summary, case decided on January 23,2012, LexisNexis #0212-122

In re Malone

Chapter 13 debtors' counsel requested approval and payment of fees and costs pursuant to 11 U.S.C.S. § 523(d).
Ruling: 
Debtors entitled to recover attorneys' fees for unjustified nondischargeability proceedings brought by creditor bank.
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Consumer case opionion summary, case decided on August 29,2011, LexisNexis #0911-122

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

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).
Ruling: 
Debtor entitled to recover reasonable attorneys' fees from creditor who brought dischargeability proceeding that was not substantially justified.
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Consumer case opionion summary, case decided on August 05,2011, LexisNexis #0911-051

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