IN RE DAVIS

Bankruptcy No. 93-11792 B. Adv. No. 93-1234 B.

176 B.R. 118 (1994)

In re Robert E. DAVIS, Sr., Susan E. Davis, Debtors. CITIBANK (NEW YORK STATE), Plaintiff, v. Robert E. DAVIS, Sr., Susan E. Davis, Defendants.

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

December 30, 1994.


Attorney(s) appearing for the Case

Relin & Goldstein (Raymond Stillwell, of counsel), Rochester, NY, for plaintiff.

Brick, Brick, Elmer & Belczak, Daniel E. Brick, North Tonawanda, NY, for defendants.


CARL L. BUCKI, Bankruptcy Judge.

It is a sure sign of financial distress when a consumer takes a cash advance on a credit card to pay the minimum installment due on other unsecured obligations. Unfortunately, personal involvement often obscures that which may be obvious to outsiders. At issue in this core proceeding is whether this practice nonetheless demonstrates actual fraud within the meaning of 11 U.S.C. § 523(a)(2)(A), so as to preclude a discharge of debt...

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