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IN RE GOSS

Bankruptcy No. 92-30059, Adv. No. 92-3018.

149 B.R. 460 (1992)

In re Luevon GOSS, Debtor. FIRSTBANKS, Plaintiff, v. Luevon GOSS, Defendant.

United States Bankruptcy Court, E.D. Michigan.

December 23, 1992.

Attorney(s) appearing for the Case

Karol A. Berndt, Birmingham, MI, for plaintiff.

Robert P. Denton, Saginaw, MI, for defendant.

MEMORANDUM OPINION ON DEFENDANT'S REQUEST FOR ATTORNEY'S FEES PURSUANT TO § 523(d)

ARTHUR J. SPECTOR, Bankruptcy Judge.

The issue here is whether the Plaintiff has established "special circumstances" which would make the award of Defendant's attorney's fees, pursuant to 11 U.S.C. § 523(d), "unjust." I hold that it has not.

Citing both § 523(a)(2)(A) and (B), the Plaintiff filed suit against the Debtor on April 9, 1992, seeking a determination...

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