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IN RE MCCARTHY

BAP No. MB 99-080.

243 B.R. 203 (2000)

In re Stephen F. McCARTHY, Sr., Debtor. Bridgewater Credit Union, Plaintiff/Appellee, v. Stephen F. McCarthy, Sr., Defendant/Appellant.

United States Bankruptcy Appellate Panel of the First Circuit.

January 18, 2000.

Attorney(s) appearing for the Case

Nancy K. McCarthy, Brant Rock, MA, for Stephen F. McCarthy, Sr.

Jeffrey M. Frankel, Philip C. Silverman, Curtatone, Doto & Frankel, PA, Somerville, MA, for Bridgewater Credit Union.

Before GOODMAN, DE JESÚS and HAINES, U.S. Bankruptcy Judges.

HAINES, Bankruptcy Judge.

We are asked to determine whether the court below erred when, following Chapter 7 debtor Stephen McCarthy's successful defense of Bridgewater Credit Union's nondischargeability complaint, it denied his request for a § 523(d) award of attorney's fees.1 Because it appears that the bankruptcy judge incorrectly assigned the burden and failed to consider appropriate factors in denying McCarthy's request, we reverse...

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