Legal Opinion
Farmers National Bank of Cynthiana v. Bernstein (In Re Bernstein)
United States Bankruptcy Court, S.D. Florida.
Decided January 7, 1987No. 18-24792PublishedCited by 4 opinions
1Opinion of the Court
ORDER DENYING MOTION FOR ATTORNEY’S FEES
THOMAS C. BRITTON, Chief Judge.
The debtor/defendant’s motion (C.P. No. 10) to recover attorney’s fees under 11 U.S.C. § 523(d), following the successful defense of an adversary proceeding seeking exception from discharge, was heard on December 16. The debtor is entitled to recover his legal expense: if (a) the position of the creditor was not substantially justified and (b) the debt in question was a consumer debt.
I find that the creditor/plaintiff’s position was not substantially justified. The relevant facts are set forth in the Memorandum Decision…
2Cases cited5 opinions
- Ella Tower v. Paralee Moss, Plaintiff-Intervenor-Appellant v. Home Construction Company of Mobile, Inc.Court of Appeals for the Fifth Circuit · 1980
- Bank of Columbia Falls v. Burgess (In Re Burgess)United States Bankruptcy Court, M.D. Tennessee · 1982
- West Springfield M. E. Credit Union v. Finnie (In Re Finnie)United States Bankruptcy Court, D. Massachusetts · 1982
- Toy National Bank of Sioux City v. McGarrSupreme Court of Iowa · 1979
- Kenney v. Landis Financial Group, Inc.District Court, N.D. Iowa · 1974
3Cited by4 opinions
- Consumer United Capital Corp. v. Straughter (In Re Straughter)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- In Re SFW, Inc.United States Bankruptcy Court, S.D. California · 1988
- In Re Circle Five, Inc.United States Bankruptcy Court, D. Idaho · 1987
- Bennett v. LukensDistrict Court, S.D. Indiana · 1991