Legal Opinion

Denis J. Murphy, Trustee v. Household Finance Corporation

Court of Appeals for the Sixth Circuit

Decided August 8, 1977No. 76-2106PublishedCited by 99 opinions

1Opinion of the Court

PHILLIPS, Chief Judge.

This case presents the question whether a bankrupt’s cause of action against a lending company for recovery under § 130(a)(2)(A) of the Truth in Lending Act 1 passes to the trustee in bankruptcy pursuant to § 70a of the Bankruptcy Act. 2 We hold that it does.

I

The facts were stipulated. On June 26, 1973, Mr. and Mrs. Randy Westbrook procured a consumer loan in the principal amount of $894.91 from Household Finance Corporation (HFC). At the time of closing the loan, HFC provided the Westbrooks the disclosure forms required by the Truth in Lending Act and Regulation Z…

2Cases cited14 opinions

  1. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
  2. Huntington v. AttrillSupreme Court of the United States · 1892
  3. Schreiber v. SharplessSupreme Court of the United States · 1884
  4. United States v. ReisingerSupreme Court of the United States · 1888
  5. Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822

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3Cited by99 opinions

  1. Genty v. Resolution Trust Corp.Court of Appeals for the Third Circuit · 1991
  2. Abell v. Potomac Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
  3. Jeffrey Parchman v. SLM Corp.Court of Appeals for the Sixth Circuit · 2018
  4. Richard L. Smith and Deborah L. Smith v. No. 2 Galesburg Crown Finance CorporationCourt of Appeals for the Seventh Circuit · 1980
  5. Joseph E. Gerasta, Josefina E. Gerasta, Wife of Joseph E. Gerasta v. Hibernia National Bank v. U. S. Building Materials Co., Inc.Court of Appeals for the Fifth Circuit · 1978

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