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Legal Opinion

Perry v. Federal National Mortgage Ass'n (In Re Perry)

United States Bankruptcy Court, E.D. Pennsylvania

Decided April 30, 1986No. 19-11353PublishedCited by 13 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Chief Judge:

The principal issue presented in the case at bench is whether a secured creditor has violated the Truth-In-Lending Act (“the TILA”), 15 U.S.C. § 1601 et seq., by failing to comply with the requisite disclosure provisions. Since we find that the creditor failed to accurately disclose the security interest taken to secure the loan, we conclude that the TILA was violated.

The facts of this case are as follows: 1 In 1972 the debtor borrowed funds for the purchase of a home from the Boulevard Mortgage Company (“Boulevard”), in exchange for which the debtor…

2Cases cited5 opinions

  1. Albert E. Thomka v. A. Z. Chevrolet, IncCourt of Appeals for the Third Circuit · 1980
  2. Philip R. Bizier v. Globe Financial Services, Inc.Court of Appeals for the First Circuit · 1981
  3. Werts v. Federal National Mortgage Ass'nDistrict Court, E.D. Pennsylvania · 1985
  4. Hanna v. Lomas & Nettleton Co. (In Re Hanna)United States Bankruptcy Court, E.D. Pennsylvania · 1983
  5. In Re DiCiannoUnited States Bankruptcy Court, E.D. Pennsylvania · 1986

3Cited by13 opinions

  1. Caster v. United States (In Re Caster)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  2. Johnson-Allen v. Lomas & Nettleton Co. (In Re Johnson-Allen)United States Bankruptcy Court, E.D. Pennsylvania · 1986
  3. Ralls v. Bank of New York (In Re Ralls)United States Bankruptcy Court, E.D. Pennsylvania · 1999
  4. Mitchell v. Frankford Trust Co. (In Re Mitchell)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. In Re SchwartzUnited States Bankruptcy Court, E.D. Pennsylvania · 1986

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