Plaintiff filed a Complaint to determine dischargeability pursuant to 11 U.S.C. §§ 523(a)(2)(A), (a)(2)(B), (a)(2)(C) and (a)(6). The indebtedness arose from a pre-petition credit card application submitted by Defendant which indicated that Defendant had been steadily employed for five years and earned more than Defendant disclosed in his petition. The charges on the credit card were made during the ninety days prior to filing his bankruptcy and were mainly comprised of consumer debts for luxury goods or services. The Court adopted the strict interpretation of the statement of a financial condition under § 523(a)(2)(B), and concluded that the credit card application did not contain sufficient information to show Debtor’s financial condition. In analyzing Creditor’s § 523(a)(2)(A) claim, the Court determined that the § 523(a)(2)(C) presumption applied to a portion of the debt, but that the totality of the circumstances established fraudulent intent as to the entire debt and it was therefore excepted from discharge. The Court has also concluded that § 523(a)(6) is not applicable to a fraud claim.
NOT INTENDED FOR PUBLICTION