First Chicago FCC National Bank v. Willett (In Re Willett)

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is whether debtor is entitled to recover attorney’s fees and costs pursuant to 11 U.S.C. § 523(d) where creditor voluntarily dismisses its complaint to determine dischargeability.

This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157(b)(1) and General Order No. 312-D of the United States District Court, Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) & (I).

FACTS

Debtor/defendant Sandra Jean Willett (“debtor”) filed her petition for relief under Chapter…