Legal Opinion
McDonald v. Checks-N-Advance, Inc. (In Re Ferrell)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided October 27, 2006No. BAP No. NV-05-1420-MaMoS. Bankruptcy No. S-03-11408-BAM. Adversary No. 5-03-01199-BAMPublishedCited by 3 opinions
1Opinion of the Court
OPINION
MARLAR, Bankruptcy Judge.
INTRODUCTION
Prepetition, the chapter 13 1 debtor had obtained a “payday” loan for $345, and he did not repay it. In his bankruptcy case, the trustee filed a creditor’s proof of claim for the loan, objected to the claim, and counterclaimed for damages and attorney’s fees due to the creditor’s alleged violations of the federal Truth in Lending Act (“TILA”) and state consumer protection statutes. The creditor defaulted in the adversary proceeding and the bankruptcy court entered a default judgment disallowing the claim. However, based on its construction of TILA,…
2Cases cited28 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
- Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Household Credit Services, Inc. v. PfennigSupreme Court of the United States · 2004
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3Cited by3 opinions
- In Re FerrellCourt of Appeals for the Ninth Circuit · 2008
- B-Real, LLC v. Chaussee (In Re Chaussee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- McDonald v. Checks-N-Advance, Inc.Court of Appeals for the Ninth Circuit · 2008