Albuquerque National Bank v. Carley (In Re Carley)

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on the complaint of Albuquerque National Bank (ANB) to determine dischargeability of a debt owed by the debtor, Jay B. Carley. ANB alleges that the use of a Mastercard charge card by the debtor when the debtor’s finances were in uncertain condition amounted to fraud and that the balance due on the Mastercard account is, therefore, nondischargeable.

The evidence presented during the trial of this matter indicated that the debtor first became aware of the need for action to improve his financial affairs in…