In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. Eashai

O’SCANNLAIN, Circuit Judge,

specially concurring:

While I concur in the holding that the debt owed, in this case, is nondischargeable and that the bankruptcy court properly found fraud on the facts before it, I am somewhat troubled by the tone of the opinion which might be misinterpreted as ruling that any person that holds more than one credit card, and makes only minimum payments on each, risks committing fraud.

It is well known that credit card issuers compete for new users and a great deal of the marketing effort encourages customers to transfer credit card balances, usually at very low…