Roberts v. Pacific Resource Credit Union (In re Roberts)

Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
10 years 1 month ago

Citation:

9th Cir. BAP No. CC-14-1176-DKiG (Jan. 27, 2016) (unpublished}

Tag(s):

Ruling:

Debtor's misrepresentations of his income and expenses on his credit applications supported judgment declaring the credit card debts nondischargeable under § 523(a)(2)(A).

Procedural context:

After trial, the bankruptcy court entered judgment against the debtor. The debtor appealed. The BAP affirmed the judgment.

Facts:

Debtor applied for and obtained a credit card, and then applied for increases in the credit limit. He also applied for and obtained a home equity line of credit, which later become an unsecured "sold -out junior." The Debtor's applications for credit contained intentional misrepresentations of his income and expenses. The Creditor testified that if the Debtor had honestly disclosed his income and expenses he would not have qualified for any credit. The bankruptcy court held that the debts were nondischargeable under § 523(a)(2)(A).

Judge(s):

DUNN, KIRSCHER AND GAN

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