American Express Travel Related Services Co. v. Hashemi
United States Appeals Court for the Ninth Circuit
104 F.3d 1122 (1996)
Dr. Hashemi (defendant) filed for bankruptcy after returning from a six-week trip to Europe with his family. Hashemi alleged that the purpose of the trip was to ask his mother-in-law for funds relating to a condominium project in which Hashemi held a one-half ownership interest. Upon his return, Hashemi owed American Express Travel Related Services Co. (Amex) (plaintiff) more than $60,000 for close to 170 credit card charges, which included numerous purchases of expensive meals and luxuries. When the trip began, Hashemi owed more than $300,000 to other credit card companies but only $227 to Amex. He had carried balances exceeding $60,000 with Amex before but had never been in default. His annual income was less than $60,000. While Hashemi was in Europe, a second-mortgage holder for the condominium project commenced foreclosure proceedings. Amex petitioned the bankruptcy court to declare Hashemi’s debt to it nondischargeable on account of fraud pursuant to 11 U.S.C. § 523(a)(2)(A). The court granted Amex’s petition, and the district court affirmed the judgment on appeal. Hashemi again appealed, arguing that Amex had failed to prove intent to defraud, the making of a false representation, and justifiable reliance.
Rule of Law
Holding and Reasoning (Kozinski, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.