DELTA FUNDING CORPORATION v. HARRIS

No. 04-1951

466 F.3d 273 (2006)

DELTA FUNDING CORPORATION v. ALBERTA HARRIS, Appellant

United States Court of Appeals, Third Circuit.

Filed October 3, 2006.


Attorney(s) appearing for the Case

Madeline L. Houston (Argued), Houston & Totaro Bloomfield, New Jersey 07003, Attorney for Appellant

Alan S. Kaplinsky, Martin C. Bryce, Jr. (Argued), Ballard Spahr Andrews & Ingersoll, LLP Philadelphia, PA 19103, Attorneys for Appellee

Baher A. Azmy, Andrew McNally, Erin Kahn, Steven Klutkowski Seton Hall Law School Center for Social Justice Newark, New Jersey 07102, Attorneys for Amici Curiae, American Civil Liberties Union of New Jersey, New Jersey Institute for Social Justice, New Jersey Citizen Action Coalition, New Jersey Public Policy Research Institute, American Association of Retired Persons, and National Association of Consumer Advocates in Support of Appellant Alberta Harris.

Before: SLOVITER, FISHER and ALDISERT, Circuit Judges


OPINION OF THE COURT

SLOVITER, Circuit Judge.

This matter is before us following issuance of an opinion by the Supreme Court of New Jersey in response to a question of law that we certified to it.1 See Delta Funding Corp. v. Harris, No. 04-1951, 2005 U.S. App. LEXIS 24531, at *13-14 (3d Cir. July 27, 2005). A brief summary of the background and issue is called for.

In 1999, Alberta Harris, a 78...

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