Legal Opinion

At & T Universal Card Services, Corp. v. Hung Tan Pham (In Re Hung Tan Pham)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 13, 2000No. BAP No. EC-98-1845BMaR. Bankruptcy No. 98-22266-C-7. Adversary No. 98-2300PublishedCited by 19 opinions

1Opinion of the Court

AMENDED OPINION

BRANDT, Bankruptcy Judge.

Debtor/Defendant Hung Tam Pham (Pham) entered into two cardmember agreements with appellant, AT & T Universal Card Services Corporation. Pham made no payments on either account, and exceeded his credit limits by writing payment checks on insufficient funds, and then using the accounts in the interval before the credits for those checks were reversed.

The bankruptcy court found AT & T’s claim nondischargeable under § 523(a)(2)(A), 1 and entered a default judgment in its favor. AT & T also sought attorney’s fees based on a provision in the cardmember…

2Cases cited15 opinions

  1. Cohen v. De La CruzSupreme Court of the United States · 1998
  2. Santisas v. GoodinCalifornia Court of Appeal · 1998
  3. Merchants National Bank of Winona v. Moen (In Re Moen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  4. In Re Hassan Hamidi Hashemi, Debtor. American Express Travel Related Services Company Inc. v. Hassan Hamidi HashemiCourt of Appeals for the Ninth Circuit · 1997
  5. Jodoin v. Samayoa (In Re Jodoin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997

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3Cited by19 opinions

  1. Roussos v. Michaelides (In Re Roussos)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  2. Fry v. Dinan (In Re Dinan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. Bertola v. Northern Wisconsin Produce Co. (In Re Bertola)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  4. OSB Manufacturing, Inc. v. Hathaway (In Re Hathaway)United States Bankruptcy Court, E.D. Virginia · 2007
  5. Elrod v. Bowden (In Re Bowden)United States Bankruptcy Court, E.D. Virginia · 2005

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