Legal Opinion

Bank of America v. Miller (In Re Miller)

United States Bankruptcy Court, E.D. Kentucky

Decided June 26, 2000No. 19-20177PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter has come before the Court for a ruling on the defendant’s Motion to Amend Judgment (Doc. # 14). The defendant seeks to have the Court amend the Order Sustaining Motion for Summary Judgment of May 4, 2000 (Doc. # 12) to grant him a reasonable attorney fee in the amount of $1,000.00 pursuant to 11 U.S.C. § 523(d). This section allows attorney fees to a debtor who prevails in a nondis-chargeability action initiated by a creditor, when the creditor was not “substantially justified” in its position. This Court has jurisdiction of…

2Cases cited5 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. In Re Benethel Rembert, Debtor. Benethel Rembert v. At & T Universal Card Services, Inc. Citibank South Dakota, N.A.Court of Appeals for the Sixth Circuit · 1998
  3. In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings BankCourt of Appeals for the Ninth Circuit · 1996
  4. In Re WilliamsBankruptcy Appellate Panel of the Second Circuit · 1998
  5. Phillips v. Napier (In Re Napier)United States Bankruptcy Court, N.D. Illinois · 1997

3Cited by4 opinions

  1. Tomey v. Dizinno (In re Dizinno)United States Bankruptcy Court, M.D. Pennsylvania · 2016
  2. Colabianchi v. Thomas (In Re Thomas)United States Bankruptcy Court, N.D. Ohio · 2001
  3. Chase Manhattan Bank v. Pantelias (In re Pantelias)United States Bankruptcy Court, E.D. Tennessee · 2001
  4. First National Bank of Omaha v. MilesUnited States Bankruptcy Court, E.D. Kentucky · 2024

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