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IN RE ASHHURST

Bankruptcy No. 87-01231S, Adv. No. 87-0710S.

80 B.R. 49 (1987)

In re David Anthony ASHHURST & Ludia Rebecca Ashhurst, Debtors. David A. & Ludia R. ASHHURST, Plaintiffs, v. MERITOR SAVINGS BANK, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

November 25, 1987.

Attorney(s) appearing for the Case

Susan J. DeJarnett, Community Legal Services, Inc., Philadelphia, Pa., for debtors.

Francis J. Martin, Drinker, Biddle and Reath, Philadelphia, Pa., for Mortgagee.

David B. Comroe, Philadelphia, Pa., for Mortgagee in Gambale case.

Edward Sparkman, Philadelphia, Pa., Standing Chapter 13 trustee.

Philip A. Bertocci, Community Legal Services, Inc., Philadelphia, Pa., for debtors in Gambale case.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The instant proceeding, by stipulation of the parties, concerns but one issue: whether the pre-1980-amendment version of the Truth-in-Lending Act, (hereinafter referred to as "TILA"), particularly 15 U.S.C. § 1640(a) thereof, authorizes a separate recovery of applicable statutory damages to each obligor or only a single recovery to all obligors.1 Although the creditor presents a...

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