Legal Opinion

Matter of Moses

United States Bankruptcy Court, N.D. Georgia

Decided March 2, 1981No. 19-40210PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM IN SUPPORT OF ORDER

A. D. KAHN, Bankruptcy Judge.

The debtor, Frances Burdett Moses, filed a petition pursuant to Chapter 13 of the Bankruptcy Reform Act of 1978 (11 U.S.C. § 101 et seq.) (the “Code”). Liberty Loan Corporation (“LLC”) filed a proof of claim and the debtor objected on two grounds: (1) the loan violated Georgia law and the debtor was entitled to a penalty; and, (2) the loan violated the Truth in Lending Act (15 U.S.C. § 1601 et seq.) (“TIL”) and the debtor was entitled to set off the $1,000 penalty prescribed by the Act. Household Finance Corporation of Georgia (“HFC”)…

2Cases cited3 opinions

  1. Katchen v. LandySupreme Court of the United States · 1966
  2. Bull v. United StatesSupreme Court of the United States · 1935
  3. Wallace G. Frederick v. United StatesCourt of Appeals for the Fifth Circuit · 1967

3Cited by5 opinions

  1. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
  2. Blackman v. Seton (In Re Blackman)District Court, District of Columbia · 1985
  3. In Re SchweizerUnited States Bankruptcy Court, D. Idaho · 2006
  4. Elder v. Susan Uecker & Official Unsecured Creditors' Committee (In Re Elder)United States Bankruptcy Court, N.D. California · 2005
  5. Werts v. Federal National Mortgage Ass'nUnited States Bankruptcy Court, E.D. Pennsylvania · 1984

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