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Opinion 300

Case Name: 

Am. First Credit Union v. Shaw (In re Shaw), 114 B.R. 291 (Bankr.D.Utah)

Judge: 
Judge Boulden
Date: 
Apr-13-1990
Case Number(s): 
89PB-0668
Status: 

PUBLISHED

Body: 

Creditor filed a non-dischargeability complaint against chapter 7 debtor under 11 U.S.C. § 523(a)(2)(B), then later stipulated to dismissal of the complaint with prejudice. Debtor requested attorney's fees from plaintiff under § 523(d). Noting that the purpose of the § 523(d) fee-shifting provision was to protect an honest debtor from claims that have no basis in fact or law, the court found that plaintiff could have discovered facts, with little cost or inconvenience, that would have led it to conclude that its legal claim was not supported. Therefore, the claim against debtor was not substantially justified. However, because creditor had relied on debtor's schedules and her sworn testimony at the creditors' meeting, the court concluded that special circumstances made an award of fees unjust, and debtor's request was denied.

Internal Ref: 
Opinion 300
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