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American Express Travel Related Services Co. v. Hashemi

United States Appeals Court for the Ninth Circuit

104 F.3d 1122 (1996)

Relevant factsFree

Hashemi (defendant) ran up nearly 170 Amex (plaintiff) charges exceeding $60,000, mostly on luxuries, during a European trip, despite already owing over $300,000 to other creditors and having a modest income, then filed for bankruptcy; he had previously owed Amex only $227 and had never defaulted with Amex before.

IssueFree

Whether prebankruptcy credit card debt is dischargeable where, based on the totality of circumstances, the debtor had no intention to pay the card issuer and the issuer had no reason to suspect nonpayment.

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