Bank of America v. Jarczyk (In Re Jarczyk)

CARL L. BUCKI, Bankruptcy Judge.

In 1997, issuers of credit cards mailed approximately three billion solicitations to American consumers 1 and initiated a comparably incredible number of oral solicitations by telephone. The Bank of America directed one such call to Mark E. Jarczyk, who accepted an invitation to open a Visa credit card account in October of 1997. Promptly he began to use that card, and quickly accumulated an account balance. When Mr. Jarczyk thereafter filed a petition for relief under chapter 7 of the Bankruptcy Code, the Bank of America commenced the present adversary…