Menu    5ABR109

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ALASKA

 

In re KIMBERLY MAY BROMMELS,
aka Kimberly May Stagner,
aka Kimberly May Mitchell, 		Case No. A96-01171-HAR
      In Chapter 7
   
Debtor(s)       
   
NORWEST FINANCIAL ALASKA, INC., ADV PROC NO A96-01171-001-HAR
(BANCAP No. 97-3023)
Plaintiff (s)      ORDER GRANTING MOTION TO
RECONSIDER AND AMENDING
DECISION REGARDING ATTORNEY
FEES
      v.
 
KIMBERLY MAY BROMMELS,
Defendants(s)      

Plaintiff filed a motion to reconsider the granting of summary judgment to defendant and the award of attorney fees (Docket Entry 18, filed October 20, 1997). Plaintiff is correct that the court improperly granted attorney fees under 11 USC § 523(d). The court incorrectly assumed that the complaint contained a count under § 523(a)(2). It did not and, therefore, attorney fees under § 523(d) were improper.

Plaintiff's conduct in filing the adversary proceeding was not egregious, although the court felt plaintiff's case was extremely weak. Therefore, attorney fees will not be awarded under any other theory.

5ABR110   TOP   The basis of my ruling on the dischargeability issue was that no evidence at all of conversion was presented and at most there was a breach of contract. I am still convinced that is the proper ruling and so will not reverse the decision to grant summary judgment on the dischargeability issue.

An amended judgment deleting the attorney fees will be entered.

    DATED:     October 29,1997

              HERBERT A. ROSS
              U.S. Bankruptcy Judge