Legal Opinion

Bank One Columbus, N.A. v. McDaniel (In Re McDaniel)

United States Bankruptcy Court, N.D. Texas

Decided November 4, 1996No. 19-05001PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OF OPINION ON DIS-CHARGEABILITY OF CREDIT CARD INDEBTEDNESS

JOHN C. AKARD, Bankruptcy Judge.

Bank One Columbus, N.A. (Bank) seeks to have its claim of $3,249.95 against Randa Gay McDaniel (Debtor) declared nondischargeable under § 523(a)(2)(A) of the Bankruptcy Code. 1 Finding that the Bank engaged in commercial entrapment, the court denies the Bank’s request and discharges the indebtedness. 2

FACTS

The Bank issued a credit card to the Debt- or in May 1994. The Bank’s witness testified that normal practice is to secure a credit report and review the Debtor’s income and expenses prior…

2Cases cited8 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Field v. MansSupreme Court of the United States · 1995
  3. At & T Universal Card Services v. Alvi (In Re Alvi)United States Bankruptcy Court, N.D. Illinois · 1996
  4. Boydston v. BoydstonCourt of Appeals for the Fifth Circuit · 1975
  5. Ranier Bank v. Poteet (In Re Poteet)United States Bankruptcy Court, N.D. Texas · 1981

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. At&T Universal Card Services v. MercerCourt of Appeals for the Fifth Circuit · 2001
  2. At & T Universal Card Services v. Ellingsworth (In Re Ellingsworth)United States Bankruptcy Court, W.D. Missouri · 1997
  3. La Capitol Federal Credit Union v. Melancon (In Re Melancon)United States Bankruptcy Court, M.D. Louisiana · 1998
  4. Sears, Roebuck & Co. v. Hernandez (In Re Hernandez)United States Bankruptcy Court, W.D. Texas · 1997
  5. Sears, Roebuck & Co. v. Homschek (In Re Homschek)United States Bankruptcy Court, M.D. Pennsylvania · 1998

11 more not listed; retrieve them via the Exa API.

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