What is the test for a motion for attorney's fees under Section 523(d)?

To prevail on a motion for attorney's fees under 523(d), a debtor must prove three elements: (1) the creditor requested a determination of the dischargeability of the debt; (2) the debt is a consumer debt; and (3) the debt was discharged. Stine v. Flynn (In re Stine) , 254 B.R. 244, 249 (9th Cir. BAP 2000), aff'd , 19 F. App'x 626 (9th Cir. 2001). If the debtor establishes these elements, the burden then shifts to the creditor to prove that its actions were substantially justified. Id. The creditor must show that it had substantial justification for the pursuit of the discharge litigation at all stages of the litigation.