Case Summary:
After a trial on the dischargeability of debt under 11 U.S.C. § 523(a)(2)(A), § 523(a)(4), and 523(a)(6), the plaintiff filed a proposed bill of costs. The Debtor-Defendant objected on the grounds that the Plaintiff was not the prevailing party on all claims. The Court held that the complete lack of success on the first two claims must result in a reduction of two thirds of the total fees. As to the third claim, the Court recognized that only a state court can determine precisely who the prevailing party was. Nonetheless, the Court awarded the full one third of the fees to the Plaintiff in light of the evidence presented at trial.
Statute/Rule References:
28 U.S.C. § 1920
Fed. R. Bankr. P. 7054
Key Terms:
Fee Dispute
File:
Judge:
Date:
Friday, February 21, 2014