Legal Opinion

At & T Universal Card Services Corp. v. Searle

District Court, D. Massachusetts

Decided July 9, 1998No. CIV. A. 98-10337-WGYPublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

YOUNG, District Judge.

In a Chapter 7 bankruptcy proceeding, the Creditor-Plaintiff AT & T Universal Card Services (“Universal”) filed a complaint against the Debtor-Defendant Peter Searle (“Searle”) pursuant to 11 U.S.C. § 523(a)(2)(A), seeking to except from discharge $8500 in cash advances through Searle’s use of his AT & T Universal credit card in October, 1996. The Bankruptcy Court held the debt dischargable. Universal appeals. The essence of its appeal is that the Bankruptcy Court erred as matter of law in determining that Searle’s taking of the cash advances did not…

2Cases cited18 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. Field v. MansSupreme Court of the United States · 1995
  4. Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
  5. 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

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3Cited by14 opinions

  1. At&T Universal Card Services v. MercerCourt of Appeals for the Fifth Circuit · 2001
  2. National City Bank v. Manning (In Re Manning)United States Bankruptcy Court, S.D. Ohio · 2002
  3. At & T Universal Card Services Corp. v. Dietzel (In Re Dietzel)United States Bankruptcy Court, D. Massachusetts · 2000
  4. Discover Bank v. Warren (In re Warren)United States Bankruptcy Court, D. South Carolina · 2013
  5. Taub v. Morris (In Re Morris)United States Bankruptcy Court, S.D. New York · 2000

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