Legal Opinion
Mellon Bank, N.A. v. Vitanovich (In Re Vitanovich)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided March 21, 2001No. 00-8028PublishedCited by 101 opinions
1Opinion of the Court
OPINION
AUG, Bankruptcy Judge.
The bankruptcy court found that the Debtor, Michael N. Vitanovich, Jr. (“Debt- or”), had engaged in a classic check kiting scheme and that the debt owed by Debtor to Mellon Bank, N.A. (“Mellon Bank”) in the amount of $12,806.00 is nondischargeable under 11 U.S.C. § 523(a)(2)(A). We AFFIRM.
I.ISSUES ON APPEAL
1. Whether the bankruptcy court erred in finding the debt to be nondischargeable under 11 U.S.C. § 523(a)(2)(A).
2. Whether the bankruptcy court erred in finding that the Debtor had engaged in a check kiting scheme.
II.JURISDICTION AND STANDARD OF REVIEW
The…
2Cases cited13 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Field v. MansSupreme Court of the United States · 1995
- 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
- Harold W. McClellan v. Bobbie Darrell CantrellCourt of Appeals for the Seventh Circuit · 2000
8 more not listed; retrieve them via the Exa API.
3Cited by101 opinions
- McCrory v. Spigel (In Re Spigel)Court of Appeals for the First Circuit · 2001
- Cash America Financial Services, Inc. v. Fox (In Re Fox)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Haney v. Copeland (In Re Copeland)United States Bankruptcy Court, E.D. Tennessee · 2003
- Cordell v. Sturgeon (In re Sturgeon)Bankruptcy Appellate Panel of the Tenth Circuit · 2013
- Stephen Thompson v. United States Bankruptcy Court for the Western District of OklahomaBankruptcy Appellate Panel of the Tenth Circuit · 2016
96 more not listed; retrieve them via the Exa API.