Legal Opinion

At & T Universal Card Services Corp. v. Duplante (In Re Duplante)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 25, 1997No. BAP No. SC-97-1033-MORO, Bankruptcy No. 96-03345, Adversary No. 96-90382PublishedCited by 28 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

A creditor appeals the bankruptcy court’s decision to. award attorney’s fees and costs to the debtor pursuant to 11 U.S.C. § 523(d).2 We REVERSE.

I

FACTS

Based upon a review of the schedules and statement of financial affairs of appellee, Cynthia L. Duplante (“Debtor”), as well as a review of her monthly credit card statements, appellant AT & T Universal Card Services Corporation (“Plaintiff’) commenced an adversary proceeding by filing a com*446plaint under section 523(a)(2), alleging fraud by Debtor in incurring charges which she allegedly did not have the intent…

2Cases cited9 opinions

  1. In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
  2. In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings BankCourt of Appeals for the Ninth Circuit · 1996
  3. Citibank South Dakota, N.A. v. Dougherty (In Re Dougherty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  4. American Savings Bank v. Harvey (In Re Harvey)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  5. Itule v. Metlease, Inc. (In Re Itule)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990

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3Cited by28 opinions

  1. In Re BohrerUnited States Bankruptcy Court, N.D. California · 2001
  2. In Re RollandUnited States Bankruptcy Court, C.D. California · 2004
  3. In Re WilliamsBankruptcy Appellate Panel of the Second Circuit · 1998
  4. In re 1701 Commerce, LLCUnited States Bankruptcy Court, N.D. Texas · 2014
  5. Stine v. Flynn (In Re Stine)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000

23 more not listed; retrieve them via the Exa API.

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