Central Fidelity National Bank v. Powell (In Re Powell)

MEMORANDUM OPINION

H. CLYDE PEARSON, Bankruptcy Judge.

The within Adversary Proceeding is before the Court pursuant to Central Fidelity National Bank’s (Bank) complaint to determine dischargeability of a debt. The sole issue is whether the debt was incurred fraudulently pursuant to 11 U.S.C. § 523(a)(2)(A) and (C). For the reasons hereafter stated, this Court holds that the debt is dischargeable.

The facts are as follows: The Debtor, Elsie May Powell, filed a Chapter 7 petition in this Court on December 20, 1996. Almost two months prior to the filing, on November 1, 1996, charges were incurred…