Bushkin v. Singer (In re Bushkin)

Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 7 months ago

Citation:

Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)

Tag(s):

Ruling:

Bankruptcy court order denying debtor's motion for attorney's fees and costs under § 523(d) affirmed because debt owed to creditor was not a consumer debt.

Procedural context:

Appeal from the bankruptcy court for the Central District of California denying motion for attorney's fees and costs under § 523(d), reviewed for abuse of discretion.

Facts:

Creditor advanced debtor money in exchange for a share of proceeds from a book debtor was writing. Advance was to cover debtor's living expenses so that he could focus on writing the book. After debtor filed for bankruptcy, his debt to creditor was discharged by the bankruptcy court after a trial. Debtor then moved for attorney's fees and costs, arguing that a § 523(a)(2) judgment had been entered in his favor and that the debt at issue was a consumer debt because debtor had used the funds for personal, family, or household purposes.

Judge(s):

Kirscher, Kurtz, Faris

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