[CLBS] 523 non dischargebility and Idaho statutory fees

[Cameron Phillips]

David-

I think you may find the answer in 523(d), at least if your client's debt
was a "consumer debt", as defined by 101(8).   This statute is not a good
as 12-120, but let's face it, the Code was not revised to either punish
abusive creditors or to assist debtors when disputes arise with these
creditors.  And I don't think Congress ever really thinks about who's
paying the costs of litigating these issues, on the debtor's side of the
table at least.

When you look at this issue, you'll see that creditors who prevail are not
entitled to recover fees under 523(d), unless the contract says they can.
See *In re Vasseli, I5 F. 3d 351.  *

The statute gives the Court discretion to do a lot of thngs.  Good luck.

Cam


On Thu, Apr 12, 2012 at 7:48 AM, David Eash <deash at ewinganderson.com> wrote:

> Debtor prevails on a 523(a)(2) and (a)(6) action by a creditor asserting
> fraud etc in the performance of an Idaho contract. Is anyone aware of
> case(s) where the court has ruled on the applicability of IC 12-120, 121 to
> award debtor attorneys fees for defending the 523 action?
>
> David E Eash
> Attorney at Law
> Ewing Anderson, P. S.
> 522 W Riverside Avenue, Suite 800 Spokane, WA 99201
> Phone: (509) 838-4261
> Fax: (509) 838-4906
> EMail: deash at ewinganderson.com<mailto:deash at ewinganderson.com>
>
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-- 
Cameron Phillips
Attorney at Law
924 Sherman Ave.
Coeur d'Alene, Idaho  83814

208 667 5437
208 664 2114 FAX

cam at camphillips.com