IN RE FERRELL

No. 06-17243.

539 F.3d 1186 (2008)

In the Matter of Bobby FERRELL, Jr., Debtor, Kathleen A. McDonald, Appellant, v. Checks-N-Advance, Inc., Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2008.


Attorney(s) appearing for the Case

Christopher P. Burke, Esq., Las Vegas, NV, for plaintiff-appellant Kathleen McDonald, Chapter 13 Trustee for the Bankruptcy Estate of Bobby Ferrel, Jr.

Jean Constantine-Davis, Nina F. Simon, Deborah Zuckerman, AARP Foundation Litigation, Washington, DC; Stuart Rossman, National Consumer Law Center, Boston, MA; Dan L. Wulz, Clark County Legal Services Program, Inc., Las Vegas, NV, for amici curiae National Consumer Law Center, AARP, and Clark County Legal Services Program, Inc. in support of appellant.

Before: JEROME FARRIS, CARLOS T. BEA, and EUGENE E. SILER, JR., Circuit Judges.


PER CURIAM:

Chapter 13 bankruptcy trustee Kathleen McDonald appeals the bankruptcy appellate panel's denial of her request for actual damages, statutory damages, attorneys' fees, and costs under the Truth in Lending Act, 15 U.S.C. § 1601 et seq., and for attorneys' fees and costs under Nevada law. This appeal raises an issue of first impression for this circuit: whether statutory damages are available for violations...

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