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Sears, Roebuck & Company v. Bruce A. Johannsen and Terri L. Johannsen (In re Johannsen), Adv. No. 93-1039, Case No. 92-13915-7 (09/29/1993) (160 B.R. 328) -- Judge Thomas S. Utschig

Case Summary:
Debtor who purchased $1110.71 worth of Barbie doll items within forty days of her bankruptcy filing successfully rebutted presumption of fraudulent intent under 11 U.S.C. § 523(a)(2)(C) -- the "luxury goods" exception.  Purchases were Christmas gifts for debtor's daughter; debtor's bankruptcy filing was done on advice of counsel and precipitated by ex-husband's filing; and debtor intended to pay for items in installments.  This was not a case of "loading up" in anticipation of filing bankruptcy -- the type of activity which § 523(a)(2)(C) was intended to prevent.  Citing J.C. Penney Co. v. Leaird (In re Leaird), 106 B.R. 177 (Bankr. W.D. Wis. 1989).

Statue/Rule References:
11 U.S.C. § 523(a)(2)(C) -- Nondischargeability - Luxury Goods

Key Terms:
Luxury Goods


Date: 
Wednesday, September 29, 1993