United States Third Circuit

In a bankruptcy proceeding, upon debtor's challenge to the claim of a mortgage corporation, seeking rescission of the loan upon which the claim was based, judgment in favor of creditor is affirmed, where a Truth in Lending Act (TILA) defendant who does not specifically defend on the ground that any inaccuracies in its disclosure fell within the tolerance range provided by TILA does not waive the protection that provision provides.

Appellate Information

• Decided 11/04/2008
• Published 11/04/2008

Judges

• Before BARRY, AMBRO, and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David A. Scholl, Esquire (Argued), Regional Bankruptcy Center of Southeastern PA, Newtown Square, PA, for Appellant.


• For Appellees:
  
• Donna M. Doblick, Esquire (Argued), Reed Smith, Pittsburgh, PA, Mark S. Melodia, Esquire, Reed Smith, Princeton, NJ, Counsel for Appellee.