Legal Opinion
Craig v. Barclays American Financial, Inc. (In Re Craig)
United States Bankruptcy Court, E.D. Tennessee
Decided December 29, 1980No. Bankruptcy No. 1-79-01522, Adversary Proceeding No. 1-79-0169PublishedCited by 14 opinions
1Opinion of the Court
RALPH H. KELLEY, Bankruptcy Judge.
The debtors brought this suit against the defendants, Barclays, to recover the statutory damages for failure to make disclosures required by the Truth-in-Lending Act and the regulations thereunder — specifically 15 U.S.C. § 1601 et seq. and Regulation Z, 12 C.F.R. § 226. The damages allowed by the statute are twice the finance charge. 15 U.S.C. § 1640(a). The debtors seek to recover or be allowed a set-off of twice the finance charge for each debtor. 1
The debtors’ bankruptcy case has been dismissed, but the court retained this adversary proceeding because…
2Cases cited10 opinions
- Siegfried Wachtel and Wife, Roberta S. Wachtel v. Bryce West and Wife, Frances WestCourt of Appeals for the Sixth Circuit · 1973
- Denis J. Murphy, Trustee v. Household Finance CorporationCourt of Appeals for the Sixth Circuit · 1977
- Robert L. Rust v. Quality Car Corral, Inc. And the Provident BankCourt of Appeals for the Sixth Circuit · 1980
- Burroughs v. Local Acceptance Co.District Court, W.D. North Carolina · 1977
- Binnick v. Avco Financial Services of Nebraska, Inc.District Court, D. Nebraska · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dr. Larry Cunningham, and Dental Leasing, Inc. v. Healthco, Inc.Court of Appeals for the Fifth Circuit · 1987
- Dawson v. Thomas (In Re Dawson)District Court, District of Columbia · 2008
- In Re FarmerUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- Motor Carrier Audit & Collection Co. v. Lighting Products, Inc.District Court, N.D. Illinois · 1989
- NATCO Industries, Inc. v. Federal Insurance Co.District Court, S.D. New York · 1987
9 more not listed; retrieve them via the Exa API.