First Deposit National Bank v. Houfek (In re Houfek)

OPINION AND ORDER ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF A DEBT

BARBARA J. SELLERS, Bankruptcy Judge.

I. PRELIMINARY CONSIDERATIONS

First Deposit National Bank (“First Deposit”) filed this adversary proceeding against James and Melinda Houfek on September 17, 1990. In its complaint, First Deposit asserts that its credit card obligation from Melinda Houfek is nondis-chargeable in the Houfeks’ Chapter 7 bankruptcy case pursuant to 11 U.S.C. § 523(a)(2)(A) because the debt was obtained by false pretenses, false representations or actual fraud. The Houfeks denied those allegations and the…