Legal Opinion
In Re DiCianno
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 14, 1986No. 19-10826PublishedCited by 7 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
In the case before us we are confronted with an issue of first impression in this district and we have found no other reported case on the subject in the country.
The matter for inquiry is the meaning of the 1982 amendments to 15 U.S.C. § 1640(e) (1982) of the Truth in Lending Act (“the TILA”) and whether those changes bar a debtor in bankruptcy from asserting a recoupment claim against a creditor who files a proof of claim which is evidence of a loan originated more than one year prior to the filing of the bankruptcy petition. We conclude that, with the…
2Cases cited4 opinions
- Household Consumer Discount Co. v. VespazianiSupreme Court of Pennsylvania · 1980
- Werts v. Federal National Mortgage Ass'nDistrict Court, E.D. Pennsylvania · 1985
- Hanna v. Lomas & Nettleton Co. (In Re Hanna)United States Bankruptcy Court, E.D. Pennsylvania · 1983
- Stulz v. BoswellSuperior Court of Pennsylvania · 1982
3Cited by7 opinions
- Bender v. Commonwealth Mortgage Co. of America (In Re Bender)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Mosley v. Meritor Mortgage Corp.-East (In Re Mosley)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Perry v. Federal National Mortgage Ass'n (In Re Perry)United States Bankruptcy Court, E.D. Pennsylvania · 1986
- McNinch v. Mortgage America, Inc. (In Re McNinch)United States Bankruptcy Court, W.D. Pennsylvania · 2000
- Schultz v. Central Mortgage Co. (In Re Schultz)United States Bankruptcy Court, E.D. Pennsylvania · 1986
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