Legal Opinion

Mercantile Trust Co. v. Schmidt (In Re Schmidt)

District Court, E.D. Missouri

Decided December 30, 1983No. Bankruptcy No. 82-02681(1), Adv. No. 83-1472C(2)PublishedCited by 26 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

FILIPPINE, District Judge.

This matter is before the Court on appeal from a decision by the bankruptcy court holding that certain credit card charges in curred by the debtor Donald Hugh Schmidt on his MasterCard were not dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2)(A). This section provides that debt procured by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or insider’s financial condition is not dischargeable.

It is well settled that in order to find a debt nondischargeable the Court must find that…

2Cases cited5 opinions

  1. Strawbridge & Clothier v. Caivarelli (In Re Ciavarelli)United States Bankruptcy Court, E.D. Pennsylvania · 1982
  2. Manufacturers Hanover Trust Co. v. Turner (In Re Turner)United States Bankruptcy Court, D. Massachusetts · 1982
  3. Chittenden Trust Co. v. Griffis (In Re Griffis)United States Bankruptcy Court, D. Vermont · 1983
  4. Philadelphia National Bank v. Petrini (In Re Petrini)United States Bankruptcy Court, E.D. Pennsylvania · 1982
  5. Albuquerque National Bank v. Carley (In Re Carley)United States Bankruptcy Court, D. New Mexico · 1982

3Cited by26 opinions

  1. Sears v. Faulk (In Re Faulk)United States Bankruptcy Court, N.D. Indiana · 1986
  2. Montgomery Ward & Co. v. Blackburn (In Re Blackburn)United States Bankruptcy Court, N.D. Indiana · 1987
  3. Chase Manhattan Bank, N.A. v. Ford (In Re Ford)United States Bankruptcy Court, N.D. Georgia · 1995
  4. Chase Manhattan Bank (U.S.A.) N.A. v. Carpenter (In re Carpenter)District Court, D. Georgia · 1985
  5. Norwest Bank Des Moines, N.A. Card Services Division v. Stewart (In Re Stewart)United States Bankruptcy Court, S.D. Iowa · 1988

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