Joyce v. Fidelity Consumer Discount Co. (In Re Joyce)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge.

The predominant issue in the controversy at bench is whether a creditor has violated the Truth In Lending Act (“the TILA”), 15 U.S.C. §§ 1601-1667e, due to alleged shortcomings in the disclosure statement issued by the creditor. For the reasons stated herein, we find that the debtor has established her entitlement to relief under the TILA.

The facts of this case are as follows: 1 The debtor contracted to purchase an automobile from a car dealer which dealer directed the debtor to arrange financing with Fidelity Consumer Discount Company (“Fidelity”).…