Legal Opinion
Sterten v. Option One Mortgage Corp.
District Court, E.D. Pennsylvania
Decided March 22, 2007No. Civil Action 06-651PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SAVAGE, District Judge.
The issue presented in this bankruptcy appeal is whether the “tolerances for accuracy” provision of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1605(f), which excuses lenders from liability for - minimal understated finance charges, is an affirmative defense to a TILA claim that must be pled or it is waived. Reversing itself on reconsideration, the Bankruptcy Court ruled that the provision is an affirmative defense that the lender had waived by failing to raise it in its answer or at any time during the litigation.
The policy considerations…
2Cases cited10 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Eric Robinson v. Philip L. Johnson the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania, Mike FisherCourt of Appeals for the Third Circuit · 2002
- American Flint Glass Workers Union, in 99-5291 v. Anchor Resolution Corp., Debtor-Appellee. Glass, Molders, Pottery, Plastics & Allied Workers International Union, in 99-5292 v. Anchor Resolution Corp., Debtor-AppelleeCourt of Appeals for the Third Circuit · 1999
- Lorraine Sanden v. Mayo ClinicCourt of Appeals for the Eighth Circuit · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Dawson v. Thomas (In Re Dawson)District Court, District of Columbia · 2008
- Stuart v. Decision One Mortgage Co., LLC (In Re Stuart)United States Bankruptcy Court, E.D. Pennsylvania · 2007
- McANANEY v. ASTORIA FINANCIAL CORP.District Court, E.D. New York · 2009
- Hopkins v. First NLC Financial Services, LLC (In Re Hopkins)United States Bankruptcy Court, E.D. Pennsylvania · 2007
- Wells Fargo Bank, N.A. v. TrotmanDistrict Court, M.D. Alabama · 2013
13 more not listed; retrieve them via the Exa API.