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West River Surgery, P.C. v. William J. Burley (In re Burley)

Bankr. No.: 
98-50158
Adv. No.: 
98-5012
Chapter: 
7
Date of Decision: 
March 5, 1999
Issue: 
Whether Defendant-Debtor was entitled to attorney's fees and costs under § 523(d)?
Ruling: 
Defendant-Debtor was awarded attorneys' fees and costs under § 523(d). Record established that the plaintiff-creditor requested a determination of the dischargeability of a debt, the debt was a consumer debt, and the debt was discharged. Plaintiff-creditor was unable to go forward and show that its complaint was substantially justified because it learned only after the complaint was filed that it could not prevail on one element under § 523(a)(2)(A).
Full Bankruptcy Court Decision: