AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY INC. V. HASHEMI 104 F.3d 1122 (1996) CASE BRIEF

AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY INC. V. HASHEMI

104 F.3d 1122 (1996)

NATURE OF THE CASE: Hashemi (D) appealed the order affirming the bankruptcy court's order denying D's, debtor's, request for a jury trial and ruling American's (P), creditor's, claim was nondischargeable under 11 U.S.C.S. 523(a)(2)(A).

FACTS: D took and his family traveled to Europe in style, and charged it all. When all was said and done, D owed American Express more than $60,000. D filed for bankruptcy, and P petitioned to have his debt declared nondischargeable under 11 U.S.C. 523(a)(2)(A), which precludes discharge of debts obtained through 'actual fraud.' The court ruled the debt nondischargeable. The district court affirmed the bankruptcy court's judgment. D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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