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Legal Opinion

At & T Universal Card Services Corp. v. Chinchilla ((In Re Chinchilla)

United States Bankruptcy Court, S.D. Florida.

Decided December 3, 1996No. 19-12611PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO TAX FEES & COSTS

ROBERT A. MARK, Bankruptcy Judge.

Defendant, Miguel Chinchilla (the “Debt-' or”), seeks attorney’s fees and costs, pursuant to § 523(d) of the Bankruptcy Code, incurred in defending an adversary proceeding filed by AT & T Universal Card Services (“AT & T”) under § 523(a)(2)(A) of the Bankruptcy Code. Since the Court finds that AT & T was not substantially justified in filing its action against Mr. Chinchilla, Mr. Chinchilla’s Motion to Tax Fees and Costs is granted.

PROCEDURAL BACKGROUND

Mr. Chinchilla and his wife, Rita…

2Cases cited11 opinions

  1. Field v. MansSupreme Court of the United States · 1995
  2. In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
  3. In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings BankCourt of Appeals for the Ninth Circuit · 1996
  4. Citibank South Dakota, N.A. v. Dougherty (In Re Dougherty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  5. First National Bank of Mobile D/B/A Bankamericard/visa v. Harold Eugene Roddenberry and Jayne Hettie RoddenberryCourt of Appeals for the First Circuit · 1983

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3Cited by15 opinions

  1. At & T Universal Card Services v. Ellingsworth (In Re Ellingsworth)United States Bankruptcy Court, W.D. Missouri · 1997
  2. La Capitol Federal Credit Union v. Melancon (In Re Melancon)United States Bankruptcy Court, M.D. Louisiana · 1998
  3. In Re WilliamsBankruptcy Appellate Panel of the Second Circuit · 1998
  4. At & T Universal Card Services, Corp. v. Sziel (In Re Sziel)United States Bankruptcy Court, N.D. Illinois · 1997
  5. Bank One Columbus, N.A. v. Schad (In Re Kountry Korner Store)United States Bankruptcy Court, N.D. Oklahoma · 1998

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