MATTER OF WOOD

No. 79-1504.

643 F.2d 188 (1980)

In the Matter of: Betty Lou WOOD, Bankrupt. FIRST NATIONAL BANK & TRUST COMPANY IN MACON, Plaintiff-Appellee, v. William M. FLATAU, Trustee, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 22, 1980.


Attorney(s) appearing for the Case

William M. Flatau, pro se.

Arthur L. Phillips, Macon, Ga., for plaintiff-appellee.

Before GEE, FAY and RANDALL, Circuit Judges.


GEE, Circuit Judge:

This case presents a question of first impression in this circuit: whether a bankrupt's cause of action against a lending institution for statutory damages under section 130(a)(2) of the Truth in Lending Act ("TILA"), 15 U.S.C. § 1640(a) (1976),1 passes to the trustee in bankruptcy pursuant to section 70a of the Bankruptcy Act, 11 U.S.C. § 110(a) (1976)

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