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IN RE RAMIREZ

No. 03-4122-JAR, Bankruptcy No. 01-42119-13, Adversary No. 01-7122.

329 B.R. 727 (2005)

In re Marcelino Emilo RAMIREZ and Toni Lee Ramirez, Debtors. Marcelino Emilio Ramirez and Toni Lee Ramirez, Plaintiffs/Appellants, v. Household Finance Corporation III, Defendant/Appellee.

United States Bankruptcy Court, D. Kansas.

September 9, 2005.

Attorney(s) appearing for the Case

Frederick W. Schwinn, Consumer Law Center, P.A., Livermore, CA, Kenneth M. Gay, Consumer Advocate LLC, Lenexa, KS, Gary E. Hinck, Consumer Law Center, P.A., Topeka, KS, for Debtors/Plaintiffs/Appellants.

Todd W. Ruskamp, Shook, Hardy & Bacon L.L.P., Kansas City, MO, for Defendant/Appellee.

MEMORANDUM AND ORDER

ROBINSON, District Judge.

This is an appeal from an order of the bankruptcy court relating to the debtors' 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 February...

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