Legal Opinion
AT&T Universal Card Services v. Mercer (In re Mercer)
Court of Appeals for the Fifth Circuit
Decided March 23, 2001No. 98-60693Published
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
Rehearing en banc was granted to determine, for credit card debt (card-debt), the standards for bankruptcy nondis-chargeability under 11 U.S.C. § 523(a)(2)(A) (credit obtained by false pretenses/representation or actual fraud). Primarily at issue are: whether credit card use (card-use) constitutes a representation of intent to pay the loan thereby obtained (intent to pay); and, if so, whether the issuer may justifiably rely on it. AT&T Universal Card Services (UCS) appeals the district court’s judgment affirming the bankruptcy court’s decision that the…
2Cases cited93 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Field v. MansSupreme Court of the United States · 1995
- Harte-Hanks Communications, Inc. v. ConnaughtonSupreme Court of the United States · 1989
- In Re Benethel Rembert, Debtor. Benethel Rembert v. At & T Universal Card Services, Inc. Citibank South Dakota, N.A.Court of Appeals for the Sixth Circuit · 1998
- Williams v. United StatesSupreme Court of the United States · 1982
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