Legal Opinion
Russell v. Fidelity Consumer Discount Co. (In Re Russell)
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 23, 1987No. 19-11257PublishedCited by 69 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION AND PROCEDURAL HISTORY
The instant adversarial proceeding presents to us a number of questions which are both provocative and are apparently of first impression, at least in this jurisdiction. The issues presented, and our decisions as to each of them, are as follows:
1.Is a consumer who has alleged material violations of the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq. (hereinafter referred to as “TILA”), entitled to recover actual damages without having to show his or her “detrimental reliance” on an errant disclosure…
2Cases cited35 opinions
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
- Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
- Commonwealth v. Monumental Properties, Inc.Supreme Court of Pennsylvania · 1974
- In Re Meade Land and Development Co., Inc. Appeal of Eastgate Enterprises, IncCourt of Appeals for the Third Circuit · 1975
30 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Hawaii Community Federal Credit Union v. KekaHawaii Supreme Court · 2000
- Jacqueline Turner, on Behalf of Herself and All Others Similarly Situated v. Beneficial Corporation, Beneficial National Bank, U.S.A.Court of Appeals for the Eleventh Circuit · 2001
- Stafford v. Cross Country BankDistrict Court, W.D. Kentucky · 2003
- Jungkurth v. Eastern Financial Services, Inc. (In Re Rhoda Jungkurth)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Perrone v. General Motors Acceptance Corp.Court of Appeals for the Fifth Circuit · 2000
64 more not listed; retrieve them via the Exa API.