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IN RE MERRIMAN

No. 03-4121-JAR, Bankruptcy No. 01-42851-13, Adversary No. 01-7142.

329 B.R. 710 (2005)

In re Patricia Joan MERRIMAN, Debtor. Patricia Joan Merriman, Plaintiff, v. Beneficial Mortgage Co. of Kansas, Inc., Defendant.

United States Bankruptcy Court, D. Kansas.

September 7, 2005.

Attorney(s) appearing for the Case

Gary E. Hinck, Consumer Law Center, P.A., Topeka, KS, for Debtor/Plaintiff.

MEMORANDUM AND ORDER

ROBINSON, District Judge.

This is an appeal from an order of the bankruptcy court relating to a debtor's right to rescind a home mortgage transaction for disclosure violations under the Truth in Lending Act (the "TILA") and resulting statutory damages. For the reasons set forth below, the decision of the bankruptcy court is affirmed.

I. Background

The relevant facts are not disputed. In August 2000...

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