American Credit Services, Inc. v. Kabel (In Re Kabel)

MICHAEL J. KAPLAN, Chief Judge.

This matter came on for trial on January 24, 1992. American Credit Services, Inc. (“ACSI”) seeks to have this Chapter 7 debt- or’s indebtedness on certain auto loans declared nondischargeable under 11 U.S.C. § 523(a)(2). This is a “core” proceeding. The Court has jurisdiction under 28 U.S.C. §§ 157 and 1334, and the General Order of Reference entered by the District Court on July 13, 1984.

The issues presented in this proceeding emerge from a curious set of facts and an interesting trial strategy on the part of the plaintiff.

The Facts

I make the following findings…