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IN RE RAUCH

Bankruptcy No. 81-01832-1, Adv. No. 81-1625-1.

18 B.R. 99 (1982)

In re Ray W. RAUCH, Debtor. TERMPLAN OF MISSOURI, INC., Plaintiff, v. Ray W. RAUCH, Defendant.

United States Bankruptcy Court, W.D. Missouri, W.D.

March 8, 1982.

Attorney(s) appearing for the Case

Joe F. Willerth, Independence, Mo., for debtor/defendant.

Jack R. Grate, Jr., Independence, Mo., for plaintiff.

ORDER DENYING APPLICATION FOR ADDITIONAL COMPENSATION

FRANK P. BARKER, Jr., Chief Judge.

Plaintiff was unsuccessful in having its claim against the debtor determined to be non-dischargeable. Pursuant to 11 U.S.C. § 523(d) defendant filed an application for $250.00 for attorney fees necessary to the defense of the lawsuit.

While § 523(d) is authority for allowing attorney fees it contains the proviso "unless such granting of judgment would...

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