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IN RE KONG

BAP No. NC-98-1586-RyMeR. Bankruptcy No. 97-70702 JD. Adversary No. 98-4211 AJ.

239 B.R. 815 (1999)

In re Willie Y. KONG, Debtor. Advanta National Bank, Appellant, v. Willie Y. Kong, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 9, 1999.

Attorney(s) appearing for the Case

Anne L. Keck, Ahern & Keck, Santa Rosa, CA, for Advanta National Bank.

James P. McBride, Hayward, CA, for Willie Y. Kong.

Before RYAN, MEYERS, and RUSSELL, Bankruptcy Judges.

OPINION

RYAN, Bankruptcy Judge.

After Willie Y. Kong ("Debtor") filed his chapter 71 bankruptcy petition, creditor Advanta National Bank ("Advanta") filed a complaint (the "Complaint") to determine the nondischargeability of a credit card debt under § 523(a)(2)(A). Advanta alleged that Debtor obtained by false representation or actual fraud cash advances from the Advanta credit card for the purpose of gambling.

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