Republic Bank v. Smith (In Re Smith)

ORDER ON MOTION TO STRIKE

ALEXANDER L. PASKAY, Chief Judge.

THIS CAUSE came on for consideration upon notice and hearing of a Motion to Strike, filed by Thomas A. Smith, the Defendant of the above-captioned Chapter 11 adversary proceeding (Smith). Smith seeks an order from this Court striking the prayer for attorney’s fees in the Complaint filed by the Republic Bank, the Plaintiff (Bank). The Court has considered the Motion together with the record and finds as follows:

On November 3, 1986, the Bank filed a Complaint to Determine Dischargeability of Debt against Smith, alleging that Smith had…