Ludwig & Robinson PLLC v. Yelverton

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
STEPHEN THOMAS YELVERTON,
Debtor.
____________________________
LUDWIG AND ROBINSON PLLC,
Plaintiff,
v.
STEPHEN THOMAS YELVERTON,
Defendant.
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Case No. 09-00414
(Chapter 11)
Adversary Proceeding No.
09-10023
Not for publication in
West's Bankruptcy Reporter
MEMORANDUM DECISION RE DEBTOR'S BILL OF COSTS
Pursuant to a Judgment entered by this court on June 2,
2010, the debtor has filed a bill of costs setting forth 34 hours
of time, billed at $200/hour, and $40.00 in copying costs.
Section 523(d) modifies the American rule of each party to an
action bearing its own legal expenses and provides that the court
may award costs and attorney's fees to a debtor who prevails on a
determination of dischargeability of consumer debt action under
§ 523(a)(2). 	Here, however, Yelverton does not qualify for this
The document below is hereby signed.
Signed: July 25, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-10023 Doc 55 Filed 07/26/10 Entered 07/26/10 14:04:52 Desc Main
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provision because the debt was not a “consumer debt” as defined
by § 101(11) of the Bankruptcy Code. 	Accordingly, Yelverton is
only entitled to recover the copying costs he incurred in
defending this adversary proceeding.
A separate judgment follows.
[Signed and dated above.]
Copies to: All counsel of record; Office of United States
Trustee.
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