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· 9/3/1996

In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings Bank

Citations

  • 94 F.3d 1280
  • 36 Collier Bankr. Cas. 2d 814
  • 96 Daily Journal DAR 10774
  • 158 A.L.R. Fed. 699
  • 96 Cal. Daily Op. Serv. 6559
  • 1996 U.S. App. LEXIS 22681
  • 29 Bankr. Ct. Dec. (CRR) 884

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that reliance was not justifiable because plaintiff continued to lend money “after various red flags arose”
  • “[T]he hopeless state of a debt- or’s financial condition should never become a substitute for an actual finding of bad faith.”
  • \reckless disregard for the truth of a representation satisfies the element that the debtor has made an intentionally false representation in obtaining credit.\
  • “[T]he hopeless state of a debtor’s financial condition should never become a substitute for an actual finding of bad faith.”
  • “the representation made by the card holder in a credit card transaction is not that he has an ability to repay the debt”
  • the critical misrepresentation at issue in credit card cases is the debtor’s intent to repay, not the debtor’s ability to repay

Source: CourtListener parenthetical corpus (CC0).

Judges: Norris, Wiggins, Jones

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.