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IN RE CARLEY

Bankruptcy No. 81-01308 M L, Adv. No. 82-0114.

24 B.R. 248 (1982)

In re Jay Boyd CARLEY and Peggy D. Carley, Debtors. ALBUQUERQUE NATIONAL BANK, a national banking association, Plaintiff, v. Jay B. CARLEY, Defendant.

United States Bankruptcy Court, D. New Mexico.

September 22, 1982.

Attorney(s) appearing for the Case

Stephen T. Auburn, Albuquerque, N.M., for plaintiff.

David I. Rupp, Alamogordo, N.M., for defendant.

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on the complaint of Albuquerque National Bank (ANB) to determine dischargeability of a debt owed by the debtor, Jay B. Carley. ANB alleges that the use of a Mastercard charge card by the debtor when the debtor's finances were in uncertain condition amounted to fraud and that the balance due on the Mastercard account is, therefore, nondischargeable.

The evidence...

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