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NEWTON v. BENEFICIAL FINANCE CO., NEW ORLEANS

No. 75-4339.

558 F.2d 731 (1977)

Howard Newton, Plaintiff-Appellant, v. Beneficial Finance Company of New Orleans, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 3, 1977.

Attorney(s) appearing for the Case

John F. Robbert, New Orleans, La., for plaintiff-appellant.

Plauche F. Villere, Jr., New Orleans, La., for defendant-appellee.

Before GODBOLD and CLARK, Circuit Judges, and HOFFMAN, District Judge.

GODBOLD, Circuit Judge.

The sole issue in this case is whether a debt discharged in bankruptcy may be set off against a claim under Title I of the Consumer Credit Protection Act, 15 U.S.C. §§ 1601 et seq. (Truth in Lending), and arising out of that debt. We hold that it may not.

The appellee Beneficial Finance loaned the appellant Newton $672. Newton later went into bankruptcy owing Beneficial approximately $612. Newton listed the money owed...

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