Beach v. Bank of America (In Re Beach)
United States Bankruptcy Court, D. Idaho
1Opinion of the Court
MEMORANDUM OF DECISION
JIM D. PAPPAS, Bankruptcy Judge.
Introduction
Bank of America (“the Bank”) 1 made a loan to chapter 7 2 debtors, Shelton and Beverly Beach (“Debtors”), secured by their home. When the Bank later sought to foreclose, Debtors filed a state court complaint asserting that the Bank had violated the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq. (“TILA”), and the Idaho Consumer Protection Act, Idaho Code §§ 48 Ch. 6 et seq. (“ICPA”). The state court issued a temporary restraining order (“TRO”) staying the Bank’s non-judicial foreclosure, the action was removed to federal…
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