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Legal Opinion

In the Matter of Ernest Fredrick Garner, Bankrupt. General Finance Corporation v. Ernest Fredrick Garner

Court of Appeals for the Fifth Circuit

Decided July 29, 1977No. 75-4067PublishedCited by 12 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

This appeal presents questions about the disclosure requirements of the federal Truth-in-Lending Act, 1 about the powers of a bankruptcy judge under Chapter XIII (the Wage Earner provisions) of the Bankruptcy Act, 2 and about the interface between these two statutory schemes.

I. FACTS

In 1974, appellee Ernest Garner purchased a car from Cantrell’s Auto Sales in Columbus, Georgia. Garner signed a conditional sales contract granting the seller a security interest in the car. The contract required Garner to make 30 monthly payments of $86.19 each for a total of…

2Cases cited10 opinions

  1. Clark v. Paul Gray, Inc.Supreme Court of the United States · 1939
  2. Perry v. Commerce Loan Co.Supreme Court of the United States · 1966
  3. Phelps v. United StatesSupreme Court of the United States · 1975
  4. Schumacher v. BeelerSupreme Court of the United States · 1934
  5. John C. Pollock v. General Finance CorporationCourt of Appeals for the Fifth Circuit · 1977

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

3Cited by12 opinions

  1. Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
  2. In Re Patricia G. Smith, Debtor. Patricia G. Smith v. American Financial Systems, Inc.Court of Appeals for the Eleventh Circuit · 1984
  3. In Re Larry Ellis Weaver, Debtor. Joe M. Flournoy, Chapter Xiii Trustee v. Trust Company of Columbus, in Re Betty Jean Adams, Debtor. Joe M. Flournoy, Chapter Xiii Trustee v. Trust Company of ColumbusCourt of Appeals for the Fifth Circuit · 1980
  4. Third National Bank v. Johnson (In Re Johnson)United States Bankruptcy Court, M.D. Tennessee · 1981
  5. Porter v. NationsCredit Consumer Discount Co. (In Re Porter)United States Bankruptcy Court, E.D. Pennsylvania · 2003

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

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