Introducing ATLASLearn more
Legal Opinion

Firstbanks v. Goss (In Re Goss)

United States Bankruptcy Court, E.D. Michigan

Decided December 23, 1992No. 19-42973PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION ON DEFENDANT’S REQUEST FOR ATTORNEY’S FEES PURSUANT TO § 523(d)

ARTHUR J. SPECTOR, Bankruptcy Judge.

The issue here is whether the Plaintiff has established “special circumstances” which would make the award of Defendant’s attorney’s fees, pursuant to 11 U.S.C. § 523(d), “unjust.” I hold that it has not.

Citing both § 523(a)(2)(A) and (B), the Plaintiff filed suit against the Debtor on April 9, 1992, seeking a determination that her debt to the Plaintiff was excepted from discharge due to fraud. The allegation was that the Defendant obtained over $5,100 in cash advances on a…

2Cases cited21 opinions

  1. In Re Randall Clark Burns and Deborah A. Burns, Debtors. Citizens National Bank v. Randall Clark BurnsCourt of Appeals for the Tenth Circuit · 1990
  2. Norwest Bank Des Moines, N.A. Card Services Division v. Stewart (In Re Stewart)United States Bankruptcy Court, S.D. Iowa · 1988
  3. ITT Financial Services v. Woods (In Re Woods)United States Bankruptcy Court, E.D. Pennsylvania · 1986
  4. In Re Dale Edward Carmen & Madeline Elizabeth Carmen, Debtors. Thorp Credit, Inc. v. Dale Edward Carmen, Madeline Elizabeth CarmenCourt of Appeals for the Sixth Circuit · 1983
  5. Beneficial New York Inc. v. Bossard (In Re Bossard)United States Bankruptcy Court, N.D. New York · 1987

16 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. American Savings Bank v. Harvey (In Re Harvey)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  2. First Deposit National Bank v. Stahl (In Re Stahl)United States Bankruptcy Court, W.D. North Carolina · 1998
  3. Providian Bancorp v. Stockard (In Re Stockard)United States Bankruptcy Court, M.D. Tennessee · 1997
  4. In Re MacKUnited States Bankruptcy Court, N.D. Florida · 1998
  5. Colabianchi v. Thomas (In Re Thomas)United States Bankruptcy Court, N.D. Ohio · 2001

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API