Bankr. No.:
00-30071
Chapter:
11
Date of Decision:
November 3, 2000
Issue:
Whether the government was entitled to costs arising from preparing for an evidentiary hearing that was rendered moot at the last minute by a change in the debtor's intentions, and if so, how much?
Ruling:
The Court ordered the debtor to pay the government all of the costs ($1,848.15) arising from a foreclosure sale that was canceled after the bankruptcy was filed (the debtor had earlier agreed to pay a similar sum for any future foreclosure sale costs) and to pay one-half ($194.36) of the costs incurred by the government in preparing for the hearing and bringing in witnesses. The debtor's counsel was ordered to pay the other half ($194.36) of the hearing-related costs.
Full Bankruptcy Court Decision:
