Universal Bank N.A. v. Rocco (In Re Rocco)
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Chief Judge.
A INTRODUCTION
Before this court is a motion (“the Motion”) of counsel for the Debtors seeking attorneys’ fees and costs, pursuant to 11 U.S.C. § 523(d), against a credit card issuer which, on the day of trial, voluntarily dismissed an action seeking to have the indebtedness of one of the Debtors to it declared non-dischargeable under 11 U.S.C. § 523(a)(2)(A). Finding it necessary, in light of our experience that debtors’ counsel are too quick to compromise such actions, to reiterate that the creditor’s burden of proving that a § 523(a)(2) action is…
2Cases cited21 opinions
- Keystone Driller Co. v. General Excavator Co.Supreme Court of the United States · 1933
- Ciba-Geigy Corporation v. Bolar Pharmaceutical Co., Inc.Court of Appeals for the Third Circuit · 1985
- Bell v. United Princeton Properties, Inc.Court of Appeals for the Third Circuit · 1989
- In re New Valley Corp.Court of Appeals for the Third Circuit · 1999
- In Re WilliamsBankruptcy Appellate Panel of the Second Circuit · 1998
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3Cited by1 opinion
- Universal Bank, N.A. v. Weiler (In Re Weiler)United States Bankruptcy Court, E.D. Pennsylvania · 2000