Legal Opinion
Sears, Roebuck & Co. v. Naimo (In Re Naimo)
United States Bankruptcy Court, E.D. Pennsylvania
Decided December 20, 1994No. 14-11892PublishedCited by 8 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Chief Judge.
A INTRODUCTION
This proceeding presents the issue of whether the Debtor herself must have obtained property by false pretenses, false representation, or fraud in order to have a debt declared non-disehargeable on the basis of 11 U.S.C. § 523(a)(2)(A). We agree with those cases which do not confine § 523(a)(2)(A) to instances where a debtor receives a direct benefit from such actions.
Nevertheless, we hold that the instant Plaintiff has failed to prove that the Debtor, who allowed to the use of her credit cards from the Plaintiff to finance what she…
2Cases cited28 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Gleason v. ThawSupreme Court of the United States · 1915
- First Options of Chicago, Inc. v. Kaplan (In Re Kaplan)United States Bankruptcy Court, E.D. Pennsylvania · 1993
- United States v. Stelweck (In Re Stelweck)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Randolph v. Somerville (In Re Somerville)United States Bankruptcy Court, E.D. Pennsylvania · 1987
23 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re: James A. Brady, Debtor. James A. Brady v. Donald T. McAllisterCourt of Appeals for the Sixth Circuit · 1997
- HSSM 7 Ltd. Partnership v. BilzerianCourt of Appeals for the Eleventh Circuit · 1996
- Resolution Trust Corp. v. Roberti (In Re Roberti)United States Bankruptcy Court, D. Connecticut · 1995
- McCoun v. Rea (In Re Rea)United States Bankruptcy Court, N.D. Texas · 2000
- Woodstock Housing Corp. v. Johnson (In Re Johnson)United States Bankruptcy Court, E.D. Pennsylvania · 1999
3 more not listed; retrieve them via the Exa API.