In Re Randall Clark Burns and Deborah A. Burns, Debtors. Citizens National Bank v. Randall Clark Burns

SEYMOUR, Circuit Judge.

Citizens National Bank brought an action under 11 U.S.C. § 523(a)(2) (1982 & Supp. IV 1986) to have a debt which Randall Burns owed the Bank declared nondis-chargeable in Burns’ bankruptcy proceeding. The bankruptcy court ruled that the debt was dischargeable but denied Burns’ motion for attorney’s fees under section 523(d). The Bank did not appeal the ruling on dischargeability. However, Burns appealed the denial of his motion for fees, and the district court affirmed the bankruptcy court. See Citizens Nat’l Bank v. Burns (In re Burns), 77 B.R. 822 (D.Colo. 1987).…