Legal Opinion

First Card v. Carolan (In Re Carolan)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 31, 1996No. BAP No. EC-96-1462-ROJe, Bankruptcy No. 95-13795-A-7, Adv. No. 95-1250-APublishedCited by 24 opinions

1Opinion of the Court

*983 OPINION

RUSSELL, Bankruptcy Judge:

First Card filed a complaint seeking a determination that the debtor’s outstanding credit card debt was nondisehargeable pursuant to § 523(a)(2)(A).2 After a trial, the bankruptcy court entered judgment in favor of the debtor and ordered First Card to pay the debtor’s attorney’s fees and costs pursuant to § 523(d). First Card appeals. We AFFIRM in part and REVERSE in part.

I. FACTS

In October 1992, First Card issued John Lewis Carolan (“Carolan” or “debtor”) a Visa credit card with a credit line of $6,000. Between January 29, 1995 and March 6, 1995, Carolan…

2Cases cited13 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
  5. In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings BankCourt of Appeals for the Ninth Circuit · 1996

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3Cited by24 opinions

  1. In Re: Rory Dean Hunt, Debtor. First Card v. Rory Dean Hunt J. Calvin HermansenCourt of Appeals for the First Circuit · 2001
  2. In Re WilliamsBankruptcy Appellate Panel of the Second Circuit · 1998
  3. Heritage Pacific Financial, LLC v. Montano (In Re Montano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  4. At & T Universal Card Services Corp. v. Duplante (In Re Duplante)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  5. Stine v. Flynn (In Re Stine)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000

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