Legal Opinion

Monzack v. Industrial National Bank (In re Stern)

District Court, D. Rhode Island

Decided November 30, 1981No. Bankruptcy No. 79-199Published

1Opinion of the Court

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

The question raised by the Defendant Industrial National Bank’s motion to dismiss is whether the Bank’s filing a proof of claim confers jurisdiction on the Bankruptcy Court to hear a complaint filed against Industrial by the Trustee under the Federal Consumer Credit Protection Act, 15 U.S.C. §§ 1601, et seq. (1974). (Truth in Lending Act).

Edward Stern filed a voluntary bankruptcy petition on June 27, 1979, and Industrial filed a proof of claim in the sum of $608.41, based on an unsecured installment note signed by the Debtor. On June 25, 1981, the…

2Cases cited12 opinions

Katchen v. LandySupreme Court of the United States · 1966
The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1955
Columbia Foundry Co. v. LochnerCourt of Appeals for the Fourth Circuit · 1950
Nortex Trading Corp., Claimant-Appellant v. Samuel Newfield, Trustee of Kaunitz & O'brien, Inc., Bankrupt, Trustee-AppelleeCourt of Appeals for the Second Circuit · 1962
Ned Gill v. H. A. Phillips, Trustee of Tinney Produce Company, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1964

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