Stine v. Flynn (In Re Stine)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
RIMEL, Bankruptcy Judge.
Appellant Elsie C. Stine appeals the bankruptcy court’s order denying attorney’s fees under 11 U.S.C. § 523(d) after the bankruptcy court had granted Stine judgment on the pleadings. 2 In denying Stine’s motion for attorney’s fees, the bankruptcy court held that John F. Flynn’s complaint was substantially justified (had “some substantial basis”), and that special circumstances precluded an award of fees. We REVERSE.
I. FACTS
Elsie Stine and John Flynn (her adult son) lived separately in two houses located on a single piece of real property in Dow-ney, California.…
2Cases cited12 opinions
- Blum v. StensonSupreme Court of the United States · 1984
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- In the Matter of Donald J. Booth and Carolyn B. Booth, Debtors. Donald J. Booth and Carolyn B. BoothCourt of Appeals for the Fifth Circuit · 1988
- American Savings Bank v. Harvey (In Re Harvey)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- In Re WilliamsBankruptcy Appellate Panel of the Second Circuit · 1998
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3Cited by28 opinions
- Heritage Pacific Financial, LLC v. Montano (In Re Montano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Darby v. Zimmerman (In Re Popp)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- Heritage Pacific Financial, LLC v. MacHuca (In Re MacHuca)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In re: Paul Richard Cherrett and Colleen Courtney CherrettUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Dawson v. Washington Mutual Bank (In Re Dawson)United States Bankruptcy Court, N.D. California · 2006
23 more not listed; retrieve them via the Exa API.