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IN RE MERCER

No. 98-60693.

246 F.3d 391 (2001)

In The Matter Of: Constance P. MERCER, Debtor. AT&T Universal Card Services, Appellant, v. Constance P. Mercer, Appellee.

United States Court of Appeals, Fifth Circuit.

March 23, 2001.

Attorney(s) appearing for the Case

Philip David Anker (argued), Natacha D. Steimer, Wilmer, Cutler & Pickering, Washington, DC, J. Mark Franklin, III, Bennett, Lotterhos, Sulser & Wilson, Jackson, MS, Christopher R. Lipsett, Wilmer, Cutler & Pickering, New York City, for Appellant.

Michael B. McDermott, Ronald G. Peresich (argued), Kaara Lena Liskow, Page, Mannino, Peresich & McDermott, Biloxi, MS, for Appellee.

John Rao, Boston, MA, James Thomas McMillen, Corpus Christi, TX, for National Ass'n of Consumer Bankruptcy Attorneys, Amicus Curiae.

Before JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Rehearing en banc was granted to determine, for credit card debt (card-debt), the standards for bankruptcy nondischargeability under 11 U.S.C. § 523(a)(2)(A) (credit obtained by false pretenses/representation or actual fraud). Primarily at issue are: whether credit card use (card-use) constitutes a representation of intent to pay the loan thereby obtained (intent to pay); and, if so, whether the issuer may justifiably...

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