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United States Bankruptcy Court for the Northern District of New York
November 3, 1995, Decided
CASE NO. 95-60060, ADV. PRO. NO. 95-70066
[*573] MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Presently before the Court is a motion filed on June 26, 1995, by Constance A. Vianese (C. Vianese) seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure ("Fed.R.Civ.P."), incorporated by reference in Rule 7056 of the Federal Rules of Bankruptcy Procedure ("Fed.R.Bankr.P."), in the adversary proceeding [*574] commenced by Turning Stone Casino 1 ("Plaintiff") on April 10, 1995, against C. Vianese and her husband, Joseph L. Vianese ("J. Vianese") (hereinafter jointly referred to as "Debtors"). Plaintiff seeks a determination of the dischargeability of a debt pursuant to §§ 523(a)(2)(A) and (B), as well as § 523(a)(4), of the Bankruptcy Code (11 U.S.C. §§ 101-1330) ("Code"). C. Vianese contends that the Plaintiff's Complaint as against [**2] her is not substantially justified and, therefore, she is entitled to a dismissal of the Complaint, as well as an award of attorney's fees and costs in the amount of $ 500 pursuant to Code § 523(d).
The Court heard oral argument on July 18, 1995, at its regular motion term in Syracuse, New York. The parties were afforded an opportunity to file memoranda of law, 2 and the matter was submitted for decision on August 8, 1995.
The Court has core jurisdiction over the parties and subject matter of this adversary proceeding pursuant to 28 U.S.C. §§ 1334(b), 157(a), (b)(2)(I).
On January 6, 1995, the Debtors filed a voluntary joint [**3] petition ("Petition") pursuant to Chapter 7 of the Code. According to Schedule "F", filed with the Petition, Plaintiff is listed as holding a fixed and liquidated claim in the amount of $ 16,500, identified as gambling debts. On April 10, 1995, Plaintiff filed its Complaint against both Debtors.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
195 B.R. 572 *; 1995 Bankr. LEXIS 2051 **
IN RE: JOSEPH L. VIANESE, CONSTANCE A. VIANESE, Debtors; TURNING STONE CASINO, Plaintiff vs. JOSEPH L. VIANESE, CONSTANCE A. VIANESE, Defendants
Disposition: [**1] Plaintiff's Complaint against C. Vianese dismissed with prejudice.
attorney's fees, costs, sovereign immunity, adversary proceedings, summary judgment, allegations, substantial justification, governmental unit, consumer debt, circumstances, gambling
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Discovery, Methods of Discovery, General Overview, Judgments, Burdens of Proof, Motions for Summary Judgment, Genuine Disputes, Materiality of Facts, Supporting Materials, Discovery Materials, Bankruptcy Law, Procedural Matters, Jurisdiction, Sovereign Immunity, Governments, Native Americans, Authority & Jurisdiction, Tribal Sovereign Immunity, Bankruptcy, Claims, Allowance of Claims, Discharge & Dischargeability, Exceptions to Discharge, Embezzlement & False Representations, Legislation, Effect & Operation, Retrospective Operation, Government Penalties & Taxes, Retention of Professionals, Compensation, Debtor's Attorney, Remedies, Costs & Attorney Fees, Business & Corporate Compliance, Governments, Local Governments, Gaming & Lotteries