Friday, May 20, 2011

Bankruptcy Court Questions Naiveté of Debtor - when the Debtor's Spouse is a Paralegal

Allegations in credit card company's complaint, that Chapter 7 debtor ran up more than $3,700 in charges against her account in space of roughly one month, at time when debtor's total unsecured credit card debt of more than $88,000 was in excess of her ability to pay it and when debtor, through her paralegal spouse, had access to legal advice, sufficiently pled facts supporting an inference of fraudulent intent to state plausible claim to except credit card debt from discharge on “false pretenses, false representation, or actual fraud” theory, and to preclude dismissal of complaint as failing to state cause of action. In re Vanarthos 445 B.R. 257 (Bkrtcy.S.D.N.Y.,2011).

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