This section contains the nature of the case and procedural background.

D took, and his family traveled to Europe in style, and charged it all. When all was said and done, D owed American Express more than $60,000. D filed for bankruptcy, and P petitioned to have his debt declared nondischargeable under 11 U.S.C. § 523(a)(2)(A), which precludes discharge of debts obtained through 'actual fraud.' The court ruled the debt nondischargeable. The district court affirmed the bankruptcy court's judgment. D appealed.

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