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Alliance Credit Union v. Cheeks (In Re Cheeks)

MOEBOctober 9, 2008No. 15-43232
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Case Details

Judge(s)
Kathy A. Surratt-States
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
summary judgment

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The bankruptcy court granted Alliance Credit Union's motion for summary judgment, holding that the debtor's debt of $5,252.76 obtained through cash advances within 90 days of bankruptcy filing is nondischargeable under 11 U.S.C. § 523(a)(2)(A) as obtained through false pretenses and fraud.

What This Ruling Means

**What Happened** This case involved a bankruptcy dispute between Alliance Credit Union and an employee named Cheeks. Cheeks had taken cash advances totaling $5,252.76 from the credit union within 90 days before filing for bankruptcy. The credit union argued that Cheeks obtained this money through false pretenses and fraud, meaning he misled them when getting the advances while knowing he couldn't repay them. **What the Court Decided** The bankruptcy court sided with Alliance Credit Union. The judge ruled that Cheeks' debt of $5,252.76 could not be erased through bankruptcy because it was obtained fraudulently. Under bankruptcy law, debts gained through false pretenses or fraud cannot be discharged, meaning the person still owes the money even after bankruptcy. **Why This Matters for Workers** This ruling serves as an important warning for workers considering bankruptcy. If you take cash advances, loans, or credit shortly before filing for bankruptcy, creditors can challenge whether you were honest about your financial situation and ability to repay. Courts will look closely at your intentions and may rule that certain debts cannot be eliminated through bankruptcy, leaving you still responsible for paying them back.

This summary was generated to explain the ruling in plain English and is not legal advice.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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