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Schwab v. Beneficial Consumer Discount Co. (In re Bowler)

Schwab v. Beneficial Consumer Discount Co. (In re Bowler)

Ruling
Bankruptcy court abstained from hearing trustee's claims regarding secured status of creditor's claim and alleged violations of Truth in Lending Act.
Procedural posture

Defendant lender filed a motion to dismiss plaintiff trustee's adversary complaint to determine that the creditor did not have a secured interest in the debtors'property subject to a mortgage and for damages under the Truth in Lending Act (TILA).

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Consumer opinion summary, case decided on October 14, 2008 , LexisNexis #0109-027