Evans v. Union Mortgage Co. (In Re Evans)
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
The Plaintiff-Debtor beclouds the issues actually presented in this proceeding by arguing that her claim for statutory damages under the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq. (“TILA”), arises from her status as a potential personal representative of her deceased alleged father, the obligor of a consumer financing contract. However, we conclude that we must determine this matter on the basis it is pleaded: as a claim of a non-party to a contract for TILA damages arising therefrom. Addressing the matter in its proper context, we easily…
2Cases cited14 opinions
- Weiner v. Bank of King of PrussiaDistrict Court, E.D. Pennsylvania · 1973
- Richard L. Smith and Deborah L. Smith v. No. 2 Galesburg Crown Finance CorporationCourt of Appeals for the Seventh Circuit · 1980
- Smith v. Fidelity Consumer Discount Co.Court of Appeals for the Third Circuit · 1989
- In Re Windsor Communications Group, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1986
- Bonner v. Hiser (In Re St. Mary Hospital)United States Bankruptcy Court, E.D. Pennsylvania · 1989
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3Cited by5 opinions
- Poskin v. TD Banknorth, N.A.District Court, W.D. Pennsylvania · 2009
- In Re WalkerUnited States Bankruptcy Court, E.D. Pennsylvania · 1994
- Johnson v. Lomas Mortgage USA, Inc. (In Re Johnson)United States Bankruptcy Court, E.D. Pennsylvania · 1992
- Evans v. Union Mortgage Co. (In Re Evans)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- Evans v. Union Mortgage Co. (In re Evans)United States Bankruptcy Court, E.D. Pennsylvania · 1990