Legal Opinion

General Motors Acceptance Corp v. Audino (In Re Audino)

United States Bankruptcy Court, D. Rhode Island

Decided March 23, 1981No. Bankruptcy No. 8000268, AP No. 8000195PublishedCited by 6 opinions

1Opinion of the Court

DECISION DISMISSING DEFENDANTS’ TRUTH IN LENDING COUNTERCLAIM AS BARRED BY THE ACT’S STATUTE OF LIMITATIONS

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on General Motors Acceptance Corporation’s motion to dismiss the Trustee's counterclaim, which was filed in response to G.M.A.C.’s complaint to reclaim Debtor’s automobile. G.M.A.C. commenced this action because of a default by Andino in his installment sales contract. The amount due on the loan is $2,057.25 plus interest and collection expenses. G.M.A. C.’s complaint is in essence a request to lift the automatic stay which arose on April…

2Cases cited8 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. Bull v. United StatesSupreme Court of the United States · 1935
  3. Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
  4. Richard L. Smith and Deborah L. Smith v. No. 2 Galesburg Crown Finance CorporationCourt of Appeals for the Seventh Circuit · 1980
  5. Olga Valencia and Miguel Gonzalez v. Anderson Bros. Ford and Ford Motor Credit CompanyCourt of Appeals for the Seventh Circuit · 1980

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3Cited by6 opinions

  1. Woolaghan v. United Mortgage Services, Inc. (In Re Woolaghan)United States Bankruptcy Court, W.D. Pennsylvania · 1992
  2. Hanna v. Lomas & Nettleton Co. (In Re Hanna)United States Bankruptcy Court, E.D. Pennsylvania · 1983
  3. In Re RemingtonUnited States Bankruptcy Court, D. Colorado · 1982
  4. Botelho v. Citicorp Mortgage, Inc. (In Re Botelho)United States Bankruptcy Court, D. Massachusetts · 1996
  5. Werts v. Federal National Mortgage Ass'nUnited States Bankruptcy Court, E.D. Pennsylvania · 1984

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

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