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In re William O. Leptien and Susan Leptien

Bankr. No.: 
90-10074
Chapter: 
13
Date of Decision: 
December 11, 1990
Issue: 
Whether prevailing partyon motion to dismiss was entitled to costs, including attorneys' fees, under either (1) 11 U.S.C. § 105, or (2) Bankr. Rs. 9014 and 7054?
Ruling: 
(1) Prevailing party was not entitled to costs under Bankr. Rs. 9014 and 7054 since Local Bankr. R. 402 generally reserves cost awards for adversary proceedings rather than contested matters. (2) The facts and circumstances in this case did not warrant at this time an exercise of the Court's equitable powers under § 105 to award costs.
Full Bankruptcy Court Decision: