Legal Opinion

Citibank South Dakota, N.A. v. Dougherty (In Re Dougherty)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 5, 1988No. BAP No. EC 87-1087 JMeAs, Bankruptcy No. 985-02344, Adv. No. 986-0057PublishedCited by 145 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge:

The debtor, T. Kevin Dougherty (“Dougherty”), appeals an order denying him a discharge for amounts owed to a credit card issuer. For the reasons set forth below, we VACATE and REMAND.

FACTS

In March 1985, Citibank, N.A. (“Citibank”), sent material to Dougherty inviting him to apply for a Citibank Visa card. Dougherty completed the “Pre-Approved Acceptance Certificate” and signed and dated it on March 26, 1985. Citibank issued Dougherty a card soon thereafter. Between May and December of that year, Dougherty made charges of approximately $4,000 on the Visa card. Of…

2Cases cited10 opinions

  1. Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
  2. 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
  3. Sears v. Faulk (In Re Faulk)United States Bankruptcy Court, N.D. Indiana · 1986
  4. Eisen v. Linn (In Re Linn)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
  5. First National Bank & Trust Co. in MacOn v. Stewart (In Re Stewart)United States Bankruptcy Court, M.D. Georgia · 1980

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3Cited by145 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. 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
  3. In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
  4. In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings BankCourt of Appeals for the Ninth Circuit · 1996
  5. In Re Hassan Hamidi Hashemi, Debtor. American Express Travel Related Services Company Inc. v. Hassan Hamidi HashemiCourt of Appeals for the Ninth Circuit · 1997

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