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IN RE FERRELL

BAP No. NV-05-1420-MaMoS. Bankruptcy No. S-03-11408-BAM. Adversary No. 5-03-01199-BAM.

358 B.R. 777 (2006)

In re Bobby FERRELL, Jr., Debtor. Kathleen McDonald, Chapter 13 Trustee, Appellant, v. Checks-N-Advance, Inc., Appellee.

United States Bankruptcy Appellate Panel for the Ninth Circuit.

Filed October 27, 2006.

Attorney(s) appearing for the Case

Christopher P. Burke, Esq., Christopher P. Burke & Associates, Las Vegas, NV, for Appellant.

Checks-N-Advance, Inc., Las Vegas, NV, for Appellee.

Before: MARLAR, MONTALI, and SMITH, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

Prepetition, the chapter 131 debtor had obtained a "payday" loan for $345, and he did not repay it. In his bankruptcy case, the trustee filed a creditor's proof of claim for the loan, objected to the claim, and counterclaimed for damages and attorney's fees due to the creditor's alleged violations of the federal Truth in Lending Act ("TILA") and state consumer...

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