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IN RE BEACH

Bankruptcy No. 08-40013-JDP. Adversary No. 10-8114-JDP.

447 B.R. 313 (2011)

In re Shelton S. BEACH, Beverly S. Beach, Debtor. Shelton S. Beach, Beverly S. Beach, husband and wife, and R. Sam Hopkins, Trustee, Plaintiff, v. Bank of America as successor in interest to Countrywide Home Loans, Inc., as successor in interest to Aegis Wholesale Corporation, Defendant.

United States Bankruptcy Court, D. Idaho.

February 25, 2011.

Attorney(s) appearing for the Case

Brent T. Robinson , Robinson Anthon & Tribe, Rupert, ID, for Plaintiff.

James A. Spinner , Steven D. Wood , Service & Spinner, Pocatello, ID, for Plaintiff.

Patrick McNulty , Robert A. Faucher , Ted S. Tollesfson , Holland & Hart, LLP, Boise, ID, for Defendant.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Introduction

Bank of America ("the Bank")1 made a loan to chapter 72 debtors, Shelton and Beverly Beach ("Debtors"), secured by their home. When the Bank later sought to foreclose, Debtors filed a state court complaint asserting that the Bank had violated the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq. ("TILA")...

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