Legal Opinion
Bank One Columbus, N.A. v. Fulginiti (In Re Fulginiti)
United States Bankruptcy Court, E.D. Pennsylvania
Decided October 25, 1996No. 17-16507PublishedCited by 13 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Chief Judge.
A INTRODUCTION
The instant proceeding represents our first encounter with 11 U.S.C. § 523(a)(2)(C) since our decision almost ten years ago in In re Woods, 66 B.R. 984 (Bankr.E.D.Pa.1986) {“Woods I”). In Woods I we held that § 523(a)(2)(C) did not apply to the facts at bar. Id. at 989-91. Here, § 523(a)(2)(C) does apply as to part of the Plaintiffs claim, because the Debtor made a cash advance of $2,380 on the Plaintiffs credit card just thirty-two (32) days before he filed this Chapter 7 case. However, we conclude that the Debt- or has rebutted the…
2Cases cited28 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
- In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings BankCourt of Appeals for the Ninth Circuit · 1996
- Sears v. Faulk (In Re Faulk)United States Bankruptcy Court, N.D. Indiana · 1986
- American Savings Bank v. Harvey (In Re Harvey)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
23 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- At & T Universal Card Services v. Ellingsworth (In Re Ellingsworth)United States Bankruptcy Court, W.D. Missouri · 1997
- La Capitol Federal Credit Union v. Melancon (In Re Melancon)United States Bankruptcy Court, M.D. Louisiana · 1998
- Chase Bank USA, N.A. v. Ritter (In Re Ritter)United States Bankruptcy Court, E.D. Pennsylvania · 2009
- MBNA America v. Simos (In Re Simos)United States Bankruptcy Court, M.D. North Carolina · 1997
- Woodstock Housing Corp. v. Johnson (In Re Johnson)United States Bankruptcy Court, E.D. Pennsylvania · 1999
8 more not listed; retrieve them via the Exa API.