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IN RE BERNSTEIN

Bankruptcy No. 86-01732-BKC-TCB, Adv. No. 86-0623-BKC-TCB-A.

71 B.R. 259 (1987)

In re Benjamin BERNSTEIN, Debtor. FARMERS NATIONAL BANK OF CYNTHIANA, Plaintiff, v. Benjamin BERNSTEIN, Defendant.

United States Bankruptcy Court, S.D. Florida.

January 7, 1987.

Attorney(s) appearing for the Case

Edwin M. Culbertson, Cynthiana, Ky., for plaintiff.

Stuart A. Young, Lake Worth, Fla., for defendant.

ORDER DENYING MOTION FOR ATTORNEY'S FEES

THOMAS C. BRITTON, Chief Judge.

The debtor/defendant's motion (C.P. No. 10) to recover attorney's fees under 11 U.S.C. § 523(d), following the successful defense of an adversary proceeding seeking exception from discharge, was heard on December 16. The debtor is entitled to recover his legal expense: if (a) the position of the creditor was not substantially justified and (b) the debt in question was a consumer...

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