Legal Opinion
Chuck St. Germain v. Bank of Hawaii
Court of Appeals for the Ninth Circuit
Decided December 30, 1977No. 76-2007PublishedCited by 21 opinions
1Opinion of the Court
HUFSTEDLER, Circuit Judge:
The thorny question presented on this appeal is whether the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601, et seq., requires disclosure of an acceleration clause in a retail installment contract. The district court held that disclosure was not required (St. Germain v. Bank of Hawaii (D.Hawaii 1976) 413 F.Supp. 587), and it granted the Bank of Hawaii’s motion for summary judgment. We reverse, holding that TILA compels a creditor making a consumer loan to disclose the creditor’s right to accelerate full payment of the debt upon the debtor’s default or late payment.
Th…
2Cases cited22 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
- Betty Eby, a Widow v. Reb Realty, Inc., an Arizona Corporation, and Don Dailey Realty, an Arizona CorporationCourt of Appeals for the Ninth Circuit · 1974
- Garza v. Chicago Health Clubs, Inc.District Court, N.D. Illinois · 1972
- William Johnson and Joan Johnson, His Wife, and Cross-Appellees v. McCrackin Ford, Inc., and Ford Motor Credit Company, Inc., and Cross-AppellantsCourt of Appeals for the Third Circuit · 1975
17 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980
- Lyon v. Chase Bank USA, N.A.Court of Appeals for the Ninth Circuit · 2011
- Postow v. Oba Federal Savings & Loan Ass'nCourt of Appeals for the D.C. Circuit · 1980
- Luis and Margaret Vega, Individually and on Behalf of Others Similarly Situated v. First Federal Savings & Loan Association of DetroitCourt of Appeals for the First Circuit · 1980
- Milhollin v. Ford Motor Credit Co.Court of Appeals for the Ninth Circuit · 1978
16 more not listed; retrieve them via the Exa API.