Legal Opinion

W.A.F.B. Federal Credit Union v. Furimsky (In Re Furimsky)

United States Bankruptcy Court, D. Arizona

Decided August 9, 1984No. Bankruptcy No. B-81-3025-PHX-GBN, Adv. No. 82-584-GBNPublishedCited by 2 opinions

1Opinion of the Court

ORDER

GEORGE B. NIELSEN, Jr., Bankruptcy Judge.

Debtor Furimsky successfully defended an action brought by one of her creditors to determine dischargeability of a claim created through use of a materially false financial statement. 11 U.S.C. § 523(a)(2)(B). 40 B.R. 350.

She now seeks award of an attorney’s fee against plaintiff premised on § 523(d) of the Code:

If a creditor requests a determination of dischargeability of a consumer debt under subsection (a)(2) of this section, and such debt is discharged, the court shall grant judgment against such creditor and in favor of the debtor for the…

2Cases cited14 opinions

Samuelu Masalosalo, a Minor, by Paepae Masalosalo, His Mother and Guardian Ad Litem, and Paepae Masalosalo v. Stonewall Insurance CompanyCourt of Appeals for the Ninth Circuit · 1983
In Re James D. Fulwiler, Bankrupt. Donald E. Grove v. James D. FulwilerCourt of Appeals for the Ninth Circuit · 1980
Camden National Bank v. Archangeli (In Re Archangeli)United States Bankruptcy Court, D. Maine · 1980
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
W.A.F.B. Federal Credit Union v. Furimsky (In Re Furimsky)United States Bankruptcy Court, D. Arizona · 1984

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3Cited by2 opinions

Carthage Bank v. KirklandDistrict Court, S.D. Mississippi · 1990
Nisswa State Bank v. Eberle (In Re Eberle)United States Bankruptcy Court, D. Minnesota · 1985