In Re James D. Fulwiler, Bankrupt. Donald E. Grove v. James D. Fulwiler

Fulwiler appeals from the denial of his motion to amend a judgment by the bankruptcy court to include an award of attorney fees. We affirm.

Fulwiler was adjudicated a bankrupt in 1974. In July 1974, Donald Grove, a business creditor, filed a complaint petitioning to have Fulwiler’s discharge set aside pursuant to Section 17(a)(2) and (a)(4) of the Bankruptcy Act of 1898, formerly 11 U.S.C. § 35 (a)(2) and (a)(4). Included among Grove’s objections to Fulwiler’s discharge was the procurement of a $26,000 loan by means of an allegedly false financial statement. The loan was evidenced by a note bearing Fulwiler’s signature and containing a standard attorney’s fees clause whereby Fulwiler was obligated to pay such reasonable attorney’s fees and costs as might be incurred in the collection of the note.

In August 1977, the bankruptcy court denied Grove’s petition to set aside the discharge following a lengthy trial. On September 9, 1977, Fulwiler filed a motion to amend the judgment to include an award of costs and attorney’s fees to himself as the prevailing party. Fulwiler based his request for attorney’s fees upon a state statute, ORS (Oregon Revised Statutes) 20.096 which makes an…