Peterson v. Rothweiler (In Re Peterson)

ROGER, Chief Judge.

The Chapter 13 debtors, Nathaniel and Raren Peterson, appeal from the bankruptcy court’s 1 decision overruling then-objection, made by way of adversary proceeding, to the proof of claim filed by Michael Rothweiler, the second home mortgagee. The Petersons had alleged that Rothweiler’s secured claim should be disallowed because he had violated the Truth In Lending Act (“TILA”) when making two loans to them, and that they had properly rescinded the transactions. The bankruptcy court determined that the Petersons failed to prove that Rothweiler was a creditor under TILA, and,…