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MATTER OF JANECEK

Bankruptcy No. BK94-40037. Adv. No. A94-4075.

183 B.R. 571 (1995)

In the Matter of Daniel JANECEK, Debtor. GENERAL ELECTRIC CAPITOL CONSUMER CARD CO., Plaintiff, v. Daniel JANECEK, Defendant.

United States Bankruptcy Court, D. Nebraska.

May 30, 1995.

Attorney(s) appearing for the Case

Ray A. Sheaff, Lincoln, NE, for debtor-defendant Daniel Janecek.

Drew Frackowiak, Overland Park, KS, for plaintiff Gen. Elec. Capitol Consumer Card Co.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

This case is before the court to determine if the credit card obligations owed by the debtor to General Electric Capitol Consumer Card Co. ("General Electric") are excepted from discharge pursuant to § 523(a)(2)(A) of the Bankruptcy Code. I reject General Electric's assertion that a debtor's objective inability to repay credit card debt at the time a charge is made should result, as a matter...

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