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  5. 196 B.R. 11 (1996)
 

IN RE BURNS

Bankruptcy No. 95-11618 K. Adv. No. 95-1225 K.

196 B.R. 11 (1996)

In re Judith M. BURNS, Debtor. AT & T UNIVERSAL CARD SERVICES CORP., Plaintiff, v. Judith M. BURNS, Defendant.

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

April 30, 1996.

Attorney(s) appearing for the Case

Timothy N. Maikoff, Solomon and Solomon, P.C., Albany, New York, for Plaintiff.

John Jenny, Buffalo, New York, for Defendant.

MICHAEL J. KAPLAN, Chief Judge.

In the case of Chemical Bank v. Sigrist (In re Sigrist), 163 B.R. 940 (Bankr. W.D.N.Y.1994), this Court held that a creditor that is attempting to carry its burden of proof of credit card fraud under 11 U.S.C. § 523(a)(2)(A) will not be permitted to enjoy the benefits of the evidentiary device of an "inference of fraud" (that might otherwise arise under certain circumstances from a use of...

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