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IN RE RUSSELL

Bankruptcy No. 86-00995K, Adv. No. 86-0712K.

72 B.R. 855 (1987)

In re Cora RUSSELL, Debtor. Cora RUSSELL, Plaintiff, v. FIDELITY CONSUMER DISCOUNT COMPANY, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

April 23, 1987.

Attorney(s) appearing for the Case

Gary Klein, Philadelphia, Pa., for debtor.

Lawrence T. Phelan, Philadelphia, Pa., for Fidelity Consumer Discount Co.

James J. O'Connell, Philadelphia, Pa., Standing Chapter 13 Trustee.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION AND PROCEDURAL HISTORY

The instant adversarial proceeding presents to us a number of questions which are both provocative and are apparently of first impression, at least in this jurisdiction. The issues presented, and our decisions as to each of them, are as follows:

1. Is a consumer who has alleged material violations of the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et...

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