Legal Opinion
Manufacturers Hanover Trust Co. v. Cirineo (In Re Cirineo)
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 22, 1990No. 13-19387PublishedCited by 22 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
The instant proceeding requires us to address the issue of dischargeability of a large (over $5,000) indebtedness accumulated by a debtor on the account of an unsolicited but accepted credit card in a very short period (16 days). We hold that, only if the lack of intention of the debtor to repay is proven by clear and convincing evidence or indebtednesses were accumulated after the debtor knew or should have known that the limit of the credit line was exceeded are debts on such a credit card non-dischargea-ble.
Applied to the instant…
2Cases cited33 opinions
- In Re Meade Land and Development Co., Inc. Appeal of Eastgate Enterprises, IncCourt of Appeals for the Third Circuit · 1975
- In Re Terry Patrick Ward, Debtor, Manufacturer's Hanover Trust Company v. Terry Patrick WardCourt of Appeals for the Sixth Circuit · 1988
- First National Bank of Mobile D/B/A Bankamericard/visa v. Harold Eugene Roddenberry and Jayne Hettie RoddenberryCourt of Appeals for the First Circuit · 1983
- Davison-Paxon Co. v. CaldwellCourt of Appeals for the Fifth Circuit · 1940
- Sears v. Faulk (In Re Faulk)United States Bankruptcy Court, N.D. Indiana · 1986
28 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- First Options of Chicago, Inc. v. Kaplan (In Re Kaplan)United States Bankruptcy Court, E.D. Pennsylvania · 1993
- Citicorp Credit Services, Inc. v. Hinman (In Re Hinman)United States Bankruptcy Court, D. North Dakota · 1990
- At & T Universal Card Services Corp. v. Feld (In Re Feld)United States Bankruptcy Court, E.D. Pennsylvania · 1996
- Malloy v. Goldstein (In Re Goldstein)United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Najafi v. Cabrini College (In Re Najafi)United States Bankruptcy Court, E.D. Pennsylvania · 1993
17 more not listed; retrieve them via the Exa API.