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IN RE SIGRIST

Bankruptcy Nos. 93-10130 K, 93-10904 K. Adv. Nos. 93-1087 K, 93-1174 K.

163 B.R. 940 (1994)

In re John C. SIGRIST and Sue Ann M. Sigrist, Debtors. CHEMICAL BANK, Plaintiff, v. John C. SIGRIST and Sue Ann M. Sigrist, Defendants. In re Dennis J. HUGHEY, Debtor. MANUFACTURERS & TRADERS TRUST CO., Plaintiff, v. Dennis J. HUGHEY, Defendant.

United States Bankruptcy Court, W.D. New York.

February 18, 1994.

Attorney(s) appearing for the Case

Robert S. Cooper, Rochester, NY, for plaintiff/Chemical Bank.

Eric A. Bloom, Allen, Lippes & Shonn, Buffalo, NY, for defendants John C. and Sue Ann M. Sigrist.

Raymond C. Stilwell, Relin and Goldstein, Rochester, NY, for plaintiff Manufacturers & Traders Trust Co.

Dennis C. Gaughan, Hamburg, NY, for defendant Dennis J. Hughey.

OPINION AND ORDER

MICHAEL J. KAPLAN, Chief Judge.

These are two Adversary Proceedings in which fraud is alleged under 11 U.S.C. § 523(a)(2)(A) against Chapter 7 debtors. There is no commonality of parties, and the actions were tried separately. However, the Court has consolidated them for purposes of decision only, as they turn on a common issue of law.

In the Sigrist case, Chemical Bank issued a "pre-approved" credit card to the Debtors while...

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