PLANT v. BLAZER FINANCIAL SERVICES, INC. OF GA.

No. 77-2034.

598 F.2d 1357 (1979)

Theresa PLANT, Plaintiff-Appellant, v. BLAZER FINANCIAL SERVICES, INC. OF GEORGIA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 23, 1979.


Attorney(s) appearing for the Case

Ralph Goldberg, Graydon W. Florence, Jr., Atlanta, Ga., for plaintiff-appellant.

Arthur Gregory, Atlanta, Ga., for defendant-appellee.

Before MORGAN, RONEY and VANCE, Circuit Judges.


RONEY, Circuit Judge:

In this truth-in-lending case, we resolve two important issues to this field of the law. First, we decide that an action on the underlying debt in default is a compulsory counterclaim that must be asserted in a suit by the debtor on a truth-in-lending cause of action. Second, we hold that a successful plaintiff in a truth-in-lending suit is entitled to have her attorneys paid from the award for attorney's fees and not have those fees setoff against...

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