Nunn v. IMC Mortgage Co.

DECISION AND ORDER

LARIMER, District Judge.

This is an appeal from an order 1 of the Bankruptcy Court for the Western District of New York (Ninfo, C.J.) denying the debtor’s motion for partial summary judgment, in an adversary proceeding that was prosecuted, in part, to rescind a mortgage to defendant IMC Mortgage Company (“IMC Mortgage”) because of the alleged failure to comply with certain notice provisions of the Home Ownership Equity Protection Act (“HOEPA”), 15 U.S.C. § 1641(d).

There are actually two orders of Chief Judge Ninfo that are now before this Court on appeal. The first is Chief…