Florida court determines Ohio law precludes successful defendant/debtor from an award of prevailing party fees on §727 complaint, but awards costs under Federal law
In Feldy Boys, LLC v. Polasky (In re Polasky), 221 Bankr. LEXIS 927, Adv No. 2:18-ap-594-FMD (7 April 2021) Judge Delano denied the Debtor-Defendant’s request for attorneys fees, but allowed costs of $4,261.03 against the plaintiff. The adversary proceeding involved a personal guaranty of a lease, and included counts under §727(c)(d) and (e) as well as §523(a)(5). Upon prevailing in the adversary itself, the Debtor sought taxation of fees in the amount of $95,970 under §57.105(7) of the Florida Statutes, as the guaranty provided for reimbursement to plaintiff of fees and expenses.