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IN RE SHARTZ

BAP No. 97-8060.

221 B.R. 397 (1998)

In re Jacquelynn M. SHARTZ, aka Jackie Shartz, aka Jacquelynn Shartz, Debtor. PROVIDIAN BANCORP, successor in interest to First Deposit National Bank, Plaintiff-Appellant, v. Jacquelynn M. SHARTZ, aka Jackie Shartz, aka Jacquelynn Shartz, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed June 11, 1998.

Attorney(s) appearing for the Case

Lee R. Kravitz, on brief, Cleveland, OH, for Appellant.

Jacquelynn Shartz, Willowick, OH, pro se.

Before LUNDIN, RHODES, and WALDRON, Bankruptcy Appellate Panel Judges.

OPINION

Jacquelynn Shartz lost her employment in April, 1995. She then used credit cards to maintain daily living expenses and mortgage payments. She made minimum payments and paid off balances on individual credit cards by obtaining cash advances from other credit cards. Providian Bancorp asserts that Shartz's actions are fraudulent and its debt should not be discharged. The bankruptcy court held that Providian failed to meet its burden of proof and dismissed Providian...

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