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IN RE CAROLAN

BAP No. EC-96-1462-ROJe, Bankruptcy No. 95-13795-A-7, Adv. No. 95-1250-A.

204 B.R. 980 (1996)

In re John Lewis CAROLAN, Debtor. FIRST CARD, Appellant, v. John Lewis CAROLAN and Ellen Briones, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 31, 1996.

Attorney(s) appearing for the Case

Stewart D. Rine, Law Offices of Stewart D. Rine, Concord, CA, for First Card.

Geoffrey H. Sims, Fresno, CA, for John Lewis Carolan.

Ellen Briones, Trustee, Fresno, CA.

Before: RUSSELL, OLLASON and JELLEN, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

First Card filed a complaint seeking a determination that the debtor's outstanding credit card debt was nondischargeable pursuant to § 523(a)(2)(A).2 After a trial, the bankruptcy court entered judgment in favor of the debtor and ordered First Card to pay the debtor's attorney's fees and costs pursuant to § 523(d). First Card appeals...

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