Emerald Empire Banking Co. v. Woods (In Re Woods)

MEMORANDUM OPINION

C.E. LUCKEY, Bankruptcy Judge.

Plaintiff filed its complaint seeking judgment for $1,593.37, plus interest at 15% from October 17, 1980 until paid, and for determination that the obligation is a non-dischargeable debt under the provisions of § 523(a)(2)(A) and § 523(a)(2)(B) of the Bankruptcy Code.

The complaint acknowledges that the obligation was based upon the debtor-defendant’s Consumer Credit Application.

The debtor filed no appearance in response to the complaint and because of the allegation of fraud, the plaintiff was required to present a prima facie case. In…