Legal Opinion
J.C. Penney Co. v. Shanahan (In Re Shanahan)
United States Bankruptcy Court, W.D. New York
Decided January 28, 1993No. 1-19-10381PublishedCited by 28 opinions
1Opinion of the Court
MICHAEL J. KAPLAN, Chief Judge.
This action under 11 U.S.C. § 523(a)(2)(A) came on for trial on December 30, 1992. It alleges fraud arising out of the Debtor’s use of a credit card to buy Christmas presents, at a time when she was unemployed and heavily in debt. This Court finds that fraud has been established by a preponderance of the evidence 1 , and that the creditor J.C. Penney must prevail in this action.
CREDIT CARD ABUSE AS FRAUD
Abuse of credit cards or of lines of credit defies traditional analysis of “frauds.” This is because two of the five elements that traditionally define a “fraud”…
2Cases cited8 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Carpenter v. United StatesSupreme Court of the United States · 1987
- Citibank South Dakota, N.A. v. Dougherty (In Re Dougherty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- First National Bank of Mobile D/B/A Bankamericard/visa v. Harold Eugene Roddenberry and Jayne Hettie RoddenberryCourt of Appeals for the First Circuit · 1983
- Sears v. Faulk (In Re Faulk)United States Bankruptcy Court, N.D. Indiana · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- At&T Universal Card Services v. MercerCourt of Appeals for the Fifth Circuit · 2001
- Chevy Chase Bank, FSB v. Briese (In Re Briese)United States Bankruptcy Court, W.D. Wisconsin · 1996
- In Re MacIasUnited States Bankruptcy Court, E.D. New York · 2004
- At & T Universal Card Services Corp. v. Feld (In Re Feld)United States Bankruptcy Court, E.D. Pennsylvania · 1996
- GM Card v. Cox (In Re Cox)United States Bankruptcy Court, D. Massachusetts · 1995
23 more not listed; retrieve them via the Exa API.