IN RE MATZULIS

Bankruptcy No. 86-01964S, Adv. No. 87-0035S.

74 B.R. 552 (1987)

In re Edward MATZULIS, Debtor. Edward MATZULIS, Plaintiff, v. LOMAS AND NETTLETON COMPANY, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 10, 1987.


Attorney(s) appearing for the Case

Michal Fox, Philadelphia, Pa., for debtor/plaintiff.

David B. Comroe, Rebecca M. Landes, Philadelphia, Pa., for defendant/Lomas and Nettleton Co.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The resolution of this matter, by reason of our previous decisions, has devolved to a single narrow issue: may a consumer asserting a violation of the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq. (hereinafter referred to as "TILA"), prevail on the basis of a violation of the TILA argued in his Brief, but not expressly set forth in his Complaint? We answer this question affirmatively, especially since...

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