In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings Bank

Bankruptcy debtor Anastas appeals, in pro per, from a decision of the Bankruptcy Appellate Panel (BAP) affirming a judgment of the bankruptcy court for the Eastern District of California. The bankruptcy court ruled that Anastas’ credit card debt was obtained through actual fraud and thus non-discharge-able in bankruptcy under 11 U.S.C. § 523 (a)(2)(A). We have jurisdiction over this appeal from the BAP pursuant to 28 U.S.C. § 158 (d). We reverse and remand.

I.BACKGROUND

Anastas held a VISA credit card from American Savings Bank, which he admittedly extended beyond its limit to make cash advances for gambling at Lake Tahoe casinos between February and July 1993. During the same time period, he extended several of his other credit cards to their credit limit, also to finance gambling activities. Although Anastas never failed to make the minimum monthly payments on his American Saving Bank credit card, Anastas testified that he suddenly found himself unable to make the minimum monthly payments on all of his credit cards and attempted to work out alternative payment schedules with his various creditors. According to Anastas, American Savings Bank was unwilling to work out an…