IN RE BURNS

No. 87-2515.

894 F.2d 361 (1990)

In re Randall Clark BURNS and Deborah A. Burns, Debtors. CITIZENS NATIONAL BANK, Plaintiff-Appellee, v. Randall Clark BURNS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 18, 1990.


Attorney(s) appearing for the Case

James C. Underhill, Jr., of Sterling and Miller, P.C., Denver, Colo., for defendant-appellant.

Paul G. Quinn, Denver, Colo., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR and ANDERSON, Circuit Judges.


SEYMOUR, Circuit Judge.

Citizens National Bank brought an action under 11 U.S.C. § 523(a)(2) (1982 & Supp. IV 1986) to have a debt which Randall Burns owed the Bank declared nondischargeable in Burns' bankruptcy proceeding. The bankruptcy court ruled that the debt was dischargeable but denied Burns' motion for attorney's fees under section 523(d). The Bank did not appeal the ruling on dischargeability. However, Burns appealed the denial of his motion for...

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