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IN RE DAYTON

Bankruptcy No. 02-33577DM, Adversary No. 03-3297DM.

306 B.R. 322 (2004)

In re Lulu DAYTON Debtor. Sears Roebuck & Co., Plaintiff, v. Lulu Dayton, Defendant.

United States Bankruptcy Court, N.D. California.

February 24, 2004.

Attorney(s) appearing for the Case

Peter N. Hadiaris, Law Offices of Peter N. Hadiaris, San Francisco, CA, for debtor/defendant.

David W. Thompson, Law Offices of James G. Schwartz, Pleasanton, CA, for plaintiff.

MEMORANDUM DECISION ON MOTION FOR ATTORNEY'S FEES UNDER 11 U.S.C. § 523(d)

DENNIS MONTALI, Bankruptcy Judge.

I. Introduction

The Court has considered the Motion for an Award of Attorney's Fees ("Motion") under 11 U.S.C. § 523(d)1 filed by counsel for Lulu Dayton ("debtor") seeking recovery of attorney's fees from plaintiff Sears Roebuck & Co. ("Sears"). Upon review of the Motion and all of the papers...

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