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IN RE CELONA

Bankruptcy No. 87-02452S, Adv. No. 88-0437S.

90 B.R. 104 (1988)

In re John R. CELONA, Jr. and Marion M. Celona, Debtors. John R. CELONA, Jr. and Marion M. Celona, Plaintiffs, v. EQUITABLE NATIONAL BANK, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended September 28, 1988.

Attorney(s) appearing for the Case

Richard J. Friedman, Community Legal Services, Philadelphia, Pa., for plaintiffs/debtors.

Edward Sparkman, Philadelphia, Pa., Chapter 13 Trustee.

Howard Greenberg, Lawrence Phelan, Philadelphia, Pa., for defendant/creditor.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The matters presently before the court require us to revisit our line of cases which consider whether consumer-debtors have a right to rescind a consumer financing transaction pursuant to § 125 of the federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq. (hereinafter referred to as "TILA"), and what the consequences of such a rescission are. See In re Gurst,

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