Legal Opinion
Montgomery Ward & Co. v. Blackburn (In Re Blackburn)
United States Bankruptcy Court, N.D. Indiana
Decided January 12, 1987No. 19-40049PublishedCited by 40 opinions
1Opinion of the Court
Opinion & Order on Objection to the Discharge of a Debt
FRANCIS G. CONRAD, Bankruptcy Judge.
This adversary proceeding concerns the plaintiff-creditor’s objection under 11 U.S.C. § 523(a)(2)(A) to discharging a debt for furniture the debtor purchased on a credit card within forty days of her bankruptcy petition. We hold that, for goods or services purchased on a credit card to be excepted from discharge for fraud under § 523(a)(2)(A) when the debtor did not obtain the credit card fraudulently or use the card after being notified of its revocation, the objecting creditor must establish with…
2Cases cited65 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Gleason v. ThawSupreme Court of the United States · 1915
- Neal v. ClarkSupreme Court of the United States · 1878
- In Re Ira Laurence Hunter, Debtor. Edwin Schweig v. Ira Laurence HunterCourt of Appeals for the Eleventh Circuit · 1986
60 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- At&T Universal Card Services v. MercerCourt of Appeals for the Fifth Circuit · 2001
- Schwalbe v. Gans (In Re Gans)United States Bankruptcy Court, S.D. New York · 1987
- In Re: Rory Dean Hunt, Debtor. First Card v. Rory Dean Hunt J. Calvin HermansenCourt of Appeals for the First Circuit · 2001
- Chase Manhattan Bank, N.A. v. Ford (In Re Ford)United States Bankruptcy Court, N.D. Georgia · 1995
- Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
35 more not listed; retrieve them via the Exa API.