IN RE CARMEN

No. 82-3479.

723 F.2d 16 (1983)

In re Dale Edward CARMEN & Madeline Elizabeth Carmen, Debtors. THORP CREDIT, INC., Plaintiff-Appellant, v. Dale Edward CARMEN, Madeline Elizabeth Carmen, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 9, 1983.


Attorney(s) appearing for the Case

Kenneth F. Seibel, John William McNally, Jr., argued, Cincinnati, Ohio, for plaintiff-appellant.

Robert A. Goering, Wayne Wilke, argued, Cincinnati, Ohio, for defendants-appellees.

Before KEITH, CONTIE and WELLFORD, Circuit Judges.


CONTIE, Circuit Judge.

Thorp Credit, Inc. (Thorp) appeals from a district court judgment upholding an award of attorney's fees by the bankruptcy court to defendants pursuant to § 523(d) of the Bankruptcy Code, 11 U.S.C. § 523(d). The sole issue on appeal is whether the bankruptcy court erred as a matter of law in awarding attorney's fees to the debtors in this case. For the reasons set forth below, we affirm.

Thorp was a consumer-creditor of the...

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