Legal Opinion
Citibank v. Davis (In Re Davis)
United States Bankruptcy Court, W.D. New York
Decided December 30, 1994No. 1-13-11651PublishedCited by 8 opinions
1Opinion of the Court
CARL L. BUCKI, Bankruptcy Judge.
It is a sure sign of financial distress when a consumer takes a cash advance on á credit card to pay the minimum installment due on other unsecured obligations. Unfortunately, personal involvement often obscures that which may be obvious to outsiders. At issue in this core proceeding is whether this practice nonetheless demonstrates actual fraud within the meaning of 11 U.S.C. § 523(a)(2)(A), so as to preclude a discharge of debt owed to the lender which provided the cash advance.
For Robert and Susan Davis, bankruptcy represented a final chapter in their…
2Cases cited4 opinions
- Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
- J.C. Penney Co. v. Shanahan (In Re Shanahan)United States Bankruptcy Court, W.D. New York · 1993
- Deere v. Contella (In Re Contella)United States Bankruptcy Court, W.D. New York · 1994
- California Conserving Co. v. D'AVANZOCourt of Appeals for the Second Circuit · 1933
3Cited by8 opinions
- In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
- Shearson Lehman Hutton, Inc. v. Schulman (In Re Schulman)United States Bankruptcy Court, S.D. New York · 1996
- Chemical Manufacturers Association v. Department of Transportation and United States of America, the Fertilizer Institute, Intervenor ForCourt of Appeals for the D.C. Circuit · 1997
- Advanta National Bank v. Kong (In Re Kong)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Chase Manhattan Bank USA, N.A. v. Poor (In Re Poor)United States Bankruptcy Court, D. Maine · 1998
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