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Opinion 622

Case Name: 

First Am. Title Ins. Co. v. Smith (In re Smith)

Judge: 
Judge Anderson
Date: 
Sep-5-2019
Case Number(s): 
17-02076
Status: 

PUBLISHED

Body: 

Following entry of a judgment in favor of the Plaintiffs on the Plaintiffs' SS 523(a)(6) claim, the parties disputed the amount of attorney fees and costs and post-judgment interest that should be included in the non-dischargeable debt amount. The Court held that the attorney fees and costs awarded to the Plaintiffs previously by the District Court were non-dischargeable. As to Plaintiffs' attorney fees and costs incurred in prosecuting its nondischargeability action, the Court found no statutory basis to award fees and costs and found that the American Rule precluded such an award because the action arose in tort rather than contract. The Court found that the interest rate set forth in the District Court's previous judgment remained the rate of interest on the non-dischargeable District Court judgment.

Internal Ref: 
Opinion 622