Legal Opinion
Daecharkhom v. Waugh Real Estate Holdings, LLC (In Re Daecharkhom)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided February 18, 2014No. BAP NV-13-1034-TaJuKi; Bankruptcy 2:11-bk-13396-LED; Adversary 2:11-ap-01152-LEDPublishedCited by 2 opinions
1Opinion of the Court
OPINION
TAYLOR, Bankruptcy Judge.
Chartri Daecharkhom (the “Debtor”) appeals from the bankruptcy court’s order awarding less than the full amount of his requested attorney’s fees and costs under § 523(d). 1 The bankruptcy court determined that creditor Waugh Real Estate Holdings, LLC (“Waugh”) was not substantially justified in pursuing a § 523(a)(2) nondischargeability action on a consumer debt and that the requested fees and costs were reasonable. It then awarded reduced fees and costs based on a determination that special circumstances justified reduction.
We hold that a special circumstances…
2Cases cited7 opinions
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- In Re: Rory Dean Hunt, Debtor. First Card v. Rory Dean Hunt J. Calvin HermansenCourt of Appeals for the First Circuit · 2001
- Heritage Pacific Financial, LLC v. Montano (In Re Montano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Stine v. Flynn (In Re Stine)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- In the Matter of Alan D. HINGSON, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Aboud and Aboud PC v. CaryDistrict Court, D. Arizona · 2022
- Lin v. HuntUnited States Bankruptcy Court, D. Idaho · 2022