· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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