Legal Opinion
Schultz v. Central Mortgage Co. (In Re Schultz)
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 27, 1986No. 14-14741PublishedCited by 7 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
The multiplicity of issues brought forth by a debtor’s objection to a creditor’s proof of claim centers around the debtor’s contention that the claim should be reduced because the creditor (1) violated the Federal Truth-In-Lending Act, (“the TILA”), 15 U.S.C. 1601 (1976) et seq., (2) expended costs and attorney’s fees in an improperly brought foreclosure proceeding and (3) exacted attorneys’ fees in excess of the amount allowed in the mortgage agreement. For the reasons stated below, we find that the state foreclosure proceeding was properly brought,…
2Cases cited5 opinions
- Albert E. Thomka v. A. Z. Chevrolet, IncCourt of Appeals for the Third Circuit · 1980
- In Re TolanUnited States Bankruptcy Court, M.D. Tennessee · 1984
- Federal National Mortgage Ass'n v. Cosby (In Re Cosby)United States Bankruptcy Court, E.D. Pennsylvania · 1983
- In Re DiCiannoUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
- Joaquin Encarnacion Hernandez v. Prudential Mortgage CorporationCourt of Appeals for the First Circuit · 1977
3Cited by7 opinions
- In Re JablonskiUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Johnson-Allen v. Lomas & Nettleton Co. (In Re Johnson-Allen)United States Bankruptcy Court, E.D. Pennsylvania · 1986
- In Re SchwartzUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
- Smith v. Kissell Co. (In Re Smith)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
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