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§ 523(a)(2)(C)

Peverill, In re--Fifth Third Bank v. Peverill

Apr
26
2019
Ruling
Creditor alleged facts sufficient to infer that debtor's purchases at stores one and two were forluxury goods and were nondischargeable. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; Consumer Debts for

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Consumer opinion summary, case decided on April 26, 2019 , LexisNexis #0619-089
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FIA Card Servs. v. Pelchat (In re Pelchat)

Jan
06
2014
Ruling
Debt not shown to be for "luxury goods" was dischargeable.
Issue(s)
Whether creditor was entitled to a default judgment that the debt was nondischargeable.

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Consumer opinion summary, case decided on January 06, 2014 , LexisNexis #0314-020
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FIA Card Servs. v. Wagner (In re Wagner)

Dec
28
2012
Ruling
Debt for credit card cash advances was nondischargeable due to operation of presumption.
Procedural posture

This adversary proceeding was before the court on plaintiff creditor's Fed. R. Civ. P. 56 Motion for Summary Judgment and defendant debtor's response. The creditor alleged in its complaint that the debt owed to it by debtor under an open-end credit plan should be excepted from discharge under 11 U.S.C.S. § 523(a)(2).

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Consumer opinion summary, case decided on December 28, 2012 , LexisNexis #0113-085
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Discover Bank. V. Ferguson (In re Ferguson)

Aug
03
2012
Ruling
Debtor entitled to fees and costs due to creditor's erroneous filing of nondischargeability proceeding.
Procedural posture

Credit card creditor filed an adversary proceeding asserting that a disputed debt in the amount of $2,902.44 survived discharge by the chapter 7 debtor pursuant to 11 U.S.C.S. § 523(a)(2)(C). Creditor later conceded that the debt was dischargeable, and debtor sought an award of attorney's fees and costs under 11 U.S.C.S. § 523(d).

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Consumer opinion summary, case decided on August 03, 2012 , LexisNexis #0912-048
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Navy Fed. Credit Union v. Adams (In re Adams)

Sep
22
2010
Ruling
Cash advances obtained within 70 days of petition date pursuant to false representations of repayment were nondischargeable.
Procedural posture

Defendant debtor filed a chapter 7 petition on May 7, 1999. She obtained three credit card advances of $2,500 on March 31, 2009, April 2, 2009, and April 22, 2009 from plaintiff creditor. The creditor sought a determination of the dischargeability of its debt under 11 U.S.C.S. § 523(a)(2)(C)(i).

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Consumer opinion summary, case decided on September 22, 2010 , LexisNexis #1110-022
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Chase Bank USA v. Turnbow (In re Turnbow)

May
10
2010
Ruling
Purchase of lawn mower within 90 days of petition date did not result in nondischargeable credit card debt.
Procedural posture

Creditor filed an adversary proceeding against chapter 7 debtors seeking a determination that debts were nondischargeable under 11 U.S.C.S. § 523(a)(2).

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Consumer opinion summary, case decided on May 10, 2010 , LexisNexis #0810-050
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Chase Bank USA v. Park (In re Park)

Sep
19
2007
Ruling
Van for transporting debtors and their children was not a luxury item and charge on unsolicited credit card used to purchase the van was dischargeable.
Procedural posture

Plaintiff creditor filed an action against defendant debtor for a ruling that certain charges made by the debtor on a credit card were nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(C).

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Consumer opinion summary, case decided on September 19, 2007 , LexisNexis #1007-080
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U.S. Natl Bank Assn v. Pugh (In re Pugh)

Nov
15
2006
Ruling
"Cash advances" were not subject to presumption of fraud where debtor's overall liabilities did not increase and creditor could not establish pecuniary loss.
Procedural posture

Plaintiff creditor filed a Fed. R. Civ. P. 55(b)(2) motion for default judgment on an amended complaint for a determination that cash advances made to defendant debtor were nondischargeable for actual fraud under 11 U.S.C. § 523(a)(2)(A). The creditor was ordered to show cause why its motion should not have been denied for failure to verify the factual elements.

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opinion summary, case decided on November 15, 2006 , LexisNexis #0107-093
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