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IN RE PAPPAN

BAP No. WO-05-044. Bankruptcy No. 04-11834-BH. Adversary No. 04-01170-BH.

334 B.R. 678 (2005)

In re Justin Lynn PAPPAN and Keri Lynn Pappan, also known as Keri Lynn Ramsey, Debtors. Commercial Federal Bank, Plaintiff — Appellant, v. Justin Lynn Pappan and Keri Lynn Pappan, Defendants — Appellees.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

December 5, 2005.

Attorney(s) appearing for the Case

Richard A. Chapman, Tulsa, Oklahoma, for Plaintiff — Appellants.

James L. Menzer of Menzer Law Offices, P.C., Blackwell, Oklahoma, for Defendants — Appellees.

Before McFEELEY, Chief Judge, NUGENT, and THURMAN, Bankruptcy Judges.

OPINION

THURMAN, Bankruptcy Judge.

Commercial Federal Bank (CFB) appeals a Order entered by the United States Bankruptcy Court for the Western District of Oklahoma under 11 U.S.C. § 523(d)1 requiring CFB to pay a portion of the attorney's fees and costs that the Chapter 7 debtors incurred in successfully defending CFB's non-dischargeability action against them. For the reasons set forth below, the bankruptcy court's Order...

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