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BANK OF AMERICA v. JARCZYK

No. 00-cv-910-A. Bankruptcy No. 98-1240B.

268 B.R. 17 (2001)

BANK OF AMERICA, Plaintiff-Appellant, v. Mark E. JARCZYK, Defendant-Appellee.

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

September 20, 2001.

Attorney(s) appearing for the Case

Robert S. Cooper, Esq., Rochester, New York, for appellant.

Jeffrey Freedman, Esq., Buffalo, New York, Kenneth R. Hiller, Esq., Amherst, New York, for appellee.

DECISION AND ORDER

ARCARA, District Judge.

INTRODUCTION

Plaintiff-Appellant Bank of America ("Bank") brought an adversary proceeding against Defendant-Appellee Mark E. Jarczyk ("Jarczyk"), seeking to hold Jarczyk's credit card debt nondischargeable under 11 U.S.C. § 523(a)(2)(A). The bankruptcy court granted summary judgment in favor of Jarczyk, finding that the Bank was unable to establish several elements of its claim. The Bank appeals...

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