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IN RE DUPLANTE

BAP No. SC-97-1033-MORO, Bankruptcy No. 96-03345, Adversary No. 96-90382.

215 B.R. 444 (1997)

In re Cynthia L. DUPLANTE, Debtor. AT & T UNIVERSAL CARD SERVICES CORPORATION, Appellant, v. Cynthia L. DUPLANTE, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 25, 1997.

Attorney(s) appearing for the Case

Steven N. Kurtz, Encino, CA, for Appellant.

John J. Murphy, Murphy Law Offices, Carlsbad, CA, for Appellee.

Before: MONTALI,, RUSSELL, and OLLASON, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

A creditor appeals the bankruptcy court's decision to award attorney's fees and costs to the debtor pursuant to 11 U.S.C. § 523(d).2 We REVERSE.

I.

FACTS

Based upon a review of the schedules and statement of financial affairs of appellee, Cynthia L. Duplante ("Debtor"), as well as a review of her monthly credit card statements, appellant...

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