Legal Opinion

Debby Elzea v. National Bank of Georgia

Court of Appeals for the Fifth Circuit

Decided April 7, 1978No. 76-2679PublishedCited by 34 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

The National Bank of Georgia extended consumer credit to Elzea. As part of the credit transaction Elzea assigned to the bank the homestead and exemption provided her by Georgia law so that in the event of her bankruptcy the bank could be paid from exempted property. The bank’s disclosure statement said, “This note is also secured by an assignment of [Elzea’s] homestead exemption.” The district court concluded that the assignment was not a security interest. We hold that the assignment was a security interest that must be disclosed pursuant to Regulation Z, 12 C.F.R. §…

2Cases cited10 opinions

  1. Lockwood v. Exchange BankSupreme Court of the United States · 1903
  2. John C. Pollock and Barbara Pollock v. General Finance CorporationCourt of Appeals for the Fifth Circuit · 1976
  3. Pennino v. Morris Kirschman & Co.Court of Appeals for the Fifth Circuit · 1976
  4. Bell v. Dawson Grocery Co.Supreme Court of Georgia · 1904
  5. Lena Mae Anthony v. Community Loan & Investment Corporation D/B/A Blazer Financial ServicesCourt of Appeals for the Fifth Circuit · 1977

5 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Olga Valencia and Miguel Gonzalez v. Anderson Bros. Ford and Ford Motor Credit CompanyCourt of Appeals for the Seventh Circuit · 1980
  2. Parker v. DeKalb Chrysler PlymouthCourt of Appeals for the Eleventh Circuit · 1982
  3. Williams v. Blazer Financial Services, Inc.Court of Appeals for the Fifth Circuit · 1979
  4. Margie Cox v. First National Bank of CincinnatiCourt of Appeals for the First Circuit · 1985
  5. Ronald C. Davis and Bari Davis v. Federal Deposit Insurance CorporationCourt of Appeals for the Federal Circuit · 1980

29 more not listed; retrieve them via the Exa API.

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