Can a district court assess attorneys' fees against a debtor under section 1692k(a)(3) of the Mental Health Act?
MultiRegion, United States of America
The following excerpt is from Juras v. Aman Collection Service, Inc., 829 F.2d 739 (9th Cir. 1987):
Section 1692k(a)(3) of the Act permits the district court to assess attorneys' fees against a debtor "[o]n a finding ... that an action under [the Act] was brought in bad faith and for the purpose of harassment." We review findings of bad faith under the clearly erroneous standard. Dogherra v. Safeway Stores, Inc., 679 F.2d 1293, 1298 (9th Cir.1982), cert. denied, 459 U.S. 990, 103 S.Ct. 346, 74 L.Ed.2d 386 (1982).
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