Legal Opinion

Chemical Bank v. Sigrist (In Re Sigrist)

United States Bankruptcy Court, W.D. New York

Decided February 18, 1994No. 1-19-10020PublishedCited by 19 opinions

1Opinion of the Court

OPINION AND ORDER

MICHAEL J. KAPLAN, Chief Judge.

These are two Adversary Proceedings in which fraud is alleged under 11 U.S.C. § 523(a)(2)(A) against Chapter 7 debtors. There is no commonality of parties, and the actions were tried separately. However, the Court has consolidated them for purposes of decision only, as they turn on a common issue of law.

In the Sigrist case, Chemical Bank issued a “pre-approved” credit card to the Debtors while they were already insolvent, and Chemical asks the Court to rule that the Debtors’ use of the card while they were insolvent constituted fraud or false…

2Cases cited27 opinions

Maggio v. ZeitzSupreme Court of the United States · 1948
In Re Ira Laurence Hunter, Debtor. Edwin Schweig v. Ira Laurence HunterCourt of Appeals for the Eleventh Circuit · 1986
In Re Terry Patrick Ward, Debtor, Manufacturer's Hanover Trust Company v. Terry Patrick WardCourt of Appeals for the Sixth Circuit · 1988
Citibank South Dakota, N.A. v. Dougherty (In Re Dougherty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
First National Bank of Mobile D/B/A Bankamericard/visa v. Harold Eugene Roddenberry and Jayne Hettie RoddenberryCourt of Appeals for the First Circuit · 1983

22 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

Weiss v. Alicea (In Re Alicea)United States Bankruptcy Court, S.D. New York · 1999
GM Card v. Cox (In Re Cox)United States Bankruptcy Court, D. Massachusetts · 1995
Colonial National Bank, USA v. Carrier (In Re Carrier)United States Bankruptcy Court, S.D. New York · 1995
Zimmerman v. Soderlund (In Re Soderlund)United States Bankruptcy Court, D. Massachusetts · 1996
At & T Universal Card Services Corp. v. Akdogan (In Re Akdogan)United States Bankruptcy Court, E.D. New York · 1997

14 more not listed; retrieve them via the Exa API.