In the Matter Of: Constance P. Mercer, Debtor. At&t Universal Card Services v. Constance P. Mercer
Court of Appeals for the Fifth Circuit
1DissentRhesa Hawkins Barksdale, Circuit Judge
I am not able to agree with the approach by either of my colleagues for resolving the issue presented by this appeal. Although the amount at stake is relatively *222small, the issue is exceptionally important. The analysis for determining whether credit card debt is dischargeable in bankruptcy has enormous implications, not only for credit card issuers, but also for millions of credit card users. Moreover, neither the card’s being pre-approved, nor its use in large part for gambling, should alter the standards for representations and justifiable rebanee vel non.
According to a recent newspaper…
2Cases cited40 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Field v. MansSupreme Court of the United States · 1995
- 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
- RecoverEdge L.P. v. PentecostCourt of Appeals for the Fifth Circuit · 1995
- In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
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