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IN RE COX

Bankruptcy No. 89-80391, Adv. No. 89-8104.

114 B.R. 165 (1990)

In re Kimberly Kaye COX, Debtor. Richard E. BARBER, Chapter 7 Trustee for Kimberly K. Cox, Plaintiff/Trustee, v. KNOX COUNTY SCHOOL EMPLOYEES CREDIT UNION, Defendant/Creditor.

United States Bankruptcy Court, C.D. Illinois.

May 16, 1990.

Attorney(s) appearing for the Case

Barry M. Barash, Galesburg, Ill., for plaintiff/trustee.

Francis Van Hooreweghe, John P. Harris, Moline, Ill., for defendant/creditor Knox County School Employees Credit Union.

OPINION

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

The Defendant made a loan to the Debtor, and after the Debtor filed her Chapter 7 proceeding, her Trustee brought a two-count complaint against the Defendant alleging truth in lending violations. Count I alleges that the annual percentage rate disclosed to Debtor was 14%, where in fact the true annual percentage rate was 13.49%, or a difference of .51%, and seeks statutory damages. Count II alleges the Defendant...

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