Legal Opinion
Bridgewater Credit Union v. McCarthy (In Re McCarthy)
Bankruptcy Appellate Panel of the First Circuit
Decided January 18, 2000No. BAP MB 99-080PublishedCited by 12 opinions
1Opinion of the Court
HAINES, Bankruptcy Judge.
We are asked to determine whether the court below erred when, following Chapter 7 debtor Stephen McCarthy’s successful defense of Bridgewater Credit Union’s nondischargeability complaint, it denied his request for a § 523(d) award of attorney’s fees. 1 Because it appears that the bankruptcy judge incorrectly assigned the burden and failed to consider appropriate factors in denying McCarthy’s request, we reverse and remand.
Introduction
McCarthy filed a voluntary petition seeking Chapter 7 relief on December 10, 1998. Bridgewater filed a timely complaint seeking a…
2Cases cited24 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Ruiz-Troche v. Pepsi Cola of Puerto Rico Bottling Co.Court of Appeals for the First Circuit · 1998
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
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3Cited by12 opinions
- Stine v. Flynn (In Re Stine)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Rice, Heitman & Davis, S.C. v. Sasse (In Re Sasse)United States Bankruptcy Court, W.D. Wisconsin · 2010
- Congressional Federal Credit Union v. Pusateri (In Re Pusateri)United States Bankruptcy Court, W.D. North Carolina · 2010
- FIA Card Services, N.A. v. Flowers (In Re Flowers)District Court, M.D. Alabama · 2008
- Tomey v. Dizinno (In re Dizinno)United States Bankruptcy Court, M.D. Pennsylvania · 2016
7 more not listed; retrieve them via the Exa API.