Legal Opinion

Universal Bank N.A. v. Rocco (In Re Rocco)

United States Bankruptcy Court, E.D. Pennsylvania

Decided September 30, 1999No. 19-10792PublishedCited by 1 opinion

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

  1. Keystone Driller Co. v. General Excavator Co.Supreme Court of the United States · 1933
  2. Ciba-Geigy Corporation v. Bolar Pharmaceutical Co., Inc.Court of Appeals for the Third Circuit · 1985
  3. Bell v. United Princeton Properties, Inc.Court of Appeals for the Third Circuit · 1989
  4. In re New Valley Corp.Court of Appeals for the Third Circuit · 1999
  5. In Re WilliamsBankruptcy Appellate Panel of the Second Circuit · 1998

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3Cited by1 opinion

  1. Universal Bank, N.A. v. Weiler (In Re Weiler)United States Bankruptcy Court, E.D. Pennsylvania · 2000

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