Legal Opinion

Advanta National Bank v. Kong (In Re Kong)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 9, 1999No. BAP No. NC-98-1586-RyMeR. Bankruptcy No. 97-70702 JD. Adversary No. 98-4211 AJPublishedCited by 10 opinions

1Opinion of the Court

OPINION

RYAN, Bankruptcy Judge.

After Willie Y. Kong (“Debtor”) filed his chapter 7 1 bankruptcy petition, creditor Advanta National Bank (“Advanta”) filed a complaint (the “Complaint”) to determine the nondischargeability of a credit card debt under § 523(a)(2)(A). Advanta alleged that Debtor obtained by false representation or actual fraud cash advances from the Advanta credit card for the purpose of gambling.

After trial, the bankruptcy court held that the debt was dischargeable.

We AFFIRM.

I. FACTS

In June 1991, Debtor opened a credit card account with Advanta that had a $9,000 credit line.…

2Cases cited30 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. Field v. MansSupreme Court of the United States · 1995
  4. 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
  5. Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997

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3Cited by10 opinions

  1. Stifter v. Orsine (In Re Orsine)United States Bankruptcy Court, N.D. Ohio · 2000
  2. Federal Trade Commission v. GugliuzzaDistrict Court, C.D. California · 2015
  3. Commercial Money Center, Inc. v. Sacco (In Re Sacco)United States Bankruptcy Court, W.D. Pennsylvania · 2001
  4. Aluisi v. JorgensenUnited States Bankruptcy Court, E.D. California · 2019
  5. D.L. Evans Bank v. EvansUnited States Bankruptcy Court, D. Idaho · 2021

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