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IN RE SMITH

Bankruptcy No. B88-01019, Adv. No. B88-0367.

107 B.R. 133 (1989)

In re Russell Hugh SMITH, and Leta Clark Smith, Debtors. HUNTINGTON NATIONAL BANK, Plaintiff, v. Russell Hugh SMITH, Defendant.

United States Bankruptcy Court, N.D. Ohio, E.D.

October 3, 1989.

Attorney(s) appearing for the Case

Stephen D. Hobt, Strachan, Green, Miller, Olender and Hobt, Cleveland, Ohio, for plaintiff.

Mary Ann Rabin, Alexander Jurczenko, Cleveland, Ohio, for defendant.

Harvey S. Morrison, Trustee, Cleveland, Ohio.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

The Court must decide whether a creditor's voluntary dismissal of its Complaint to determine dischargeability enables the Debtor to recover attorney's fees pursuant to § 523(d) of the Bankruptcy Code. The Plaintiff, Huntington National Bank (HNB), caused to be filed its Complaint to determine dischargeability in the above-styled adversary proceeding alleging nondischargeable grounds...

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