Creditor had brought a non-dischargeability action that was based on an incomplete investigation of the facts, and the court had declined to award attorney's fees to debtor under 11 U.S.C. § 523(d). Debtor then requested fees under Utah Code Ann. § 78-27-56.5, which allows an award of fees to the prevailing party if the parties' contract allows at least one party to recover fees. The court found that creditor had a contractual right to attorney's fees in the contract, but that right was limited to fees incurred in taking possession of collateral. The court concluded that fees incurred by creditor in its non-dischargeability action could not be considered a cost of obtaining collateral, as the debt at issue was unsecured. Therefore, creditor did not have a contractual right to attorney fees in the adversary proceeding and, as debtor's right to fees was predicated on creditor's right to fees under the state statute, debtor could not rely on that statute to recover attorney's fees.