Legal Opinion
Brown v. Courtesy Consumer Discount Co. (In Re Brown)
United States Bankruptcy Court, E.D. Pennsylvania
Decided December 4, 1991No. 19-11005PublishedCited by 14 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
Factually, the instant proceeding presents, in the context of home improvement financing, a classic example of a creditor practice, usually arising in motor vehicle financing, which is colorfully referred to as “dragging the body.” Legally, this matter presents a complex interplay of state and federal law both as to liability and as to the appropriate remedies.
We conclude that “dragging the body” is violative of the Pennsylvania Home Improvement Finance Act, 73 P.S. § 500-101, et seq. (“HIFA”). We are supported in our result by the…
2Cases cited31 opinions
- Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
- Commonwealth v. Monumental Properties, Inc.Supreme Court of Pennsylvania · 1974
- In Re Meade Land and Development Co., Inc. Appeal of Eastgate Enterprises, IncCourt of Appeals for the Third Circuit · 1975
- Russell v. Fidelity Consumer Discount Co. (In Re Russell)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Pennino v. Morris Kirschman & Co.Court of Appeals for the Fifth Circuit · 1976
26 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Associates Home Eq. Servs. v. TroupNew Jersey Superior Court Appellate Division · 2001
- Brodo v. Bankers Trust Co.District Court, E.D. Pennsylvania · 1994
- Bell v. Parkway Mortgage, Inc. (In Re Bell)United States Bankruptcy Court, E.D. Pennsylvania · 2004
- Williams v. National School of Health Technology, Inc.District Court, E.D. Pennsylvania · 1993
- Murray v. First National Bank of Chicago (In Re Murray)United States Bankruptcy Court, E.D. Pennsylvania · 1999
9 more not listed; retrieve them via the Exa API.