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Patricia J. Warkenthien v. Brett Evan Warkenthien (In re Brett Evan Warkenthien)

Bankr. No.: 
03-30055
Adv. No.: 
03-3004
Chapter: 
7
Date of Decision: 
June 15, 2004
Issue: 
Whether Plaintiff-creditor, who prevailed in a § 523(a)(15) nondischargeability action, was entitled under 28 U.S.C. § 1920 and Fed.R.Bankr.P. 7054 to substantial costs and attorney’s fees?
Ruling: 
The Court followed the American Rule and did not award attorney’s fees as a cost since they were not provided for by separate statute, contract, or prior order. The Court awarded only those limited, specific costs that are allowed by § 1920 and case law regarding that statute.
Full Bankruptcy Court Decision: