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IN RE LOWENSTEIN

Bankruptcy No. 10-14860 ELF. Adversary No. 10-0409.

459 B.R. 877 (2011)

In re Roger LOWENSTEIN, Debtor. Roger Lowenstein, Lynne Lowenstein, Plaintiffs, v. U.S. Bank, N.A., as Trustee of Mastr. Adj. Rate Mortgage Mortgages Trust 2007-3, BAC Home Loan Servicing, LP, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

November 15, 2011.

Attorney(s) appearing for the Case

Lawrence W. Abelk , Avallone Law Associates, Philadelphia, PA, Timothy Zearfoss , Law Offices of Timothy Zearfoss, Upper Darby, PA, for Plaintiffs.

Jesse N. Silverman , Dilworth Paxson LLP, Philadelphia, PA, for Defendants.

MEMORANDUM

ERIC L. FRANK, Bankruptcy Judge.

I.

In this adversary proceeding, the Debtor and his spouse, Lynne Lowenstein (collectively, "the Plaintiffs"), seek to enforce their purported pre-petition rescission of a residential mortgage transaction ("the Transaction") pursuant to the Truth-in-Lending Act, 15 U.S.C. §§ 1601-1667f ("TILA"). The thrust of the Plaintiffs' claim is that the disclosure...

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