In Re Joseph F. Crevier Diana B. Crevier, Debtors. Joseph F. Crevier and Diana B. Crevier, v Welfare & Pension Fund for Local 701, Mid-Jersey Trucking Industry, Defendant

Good Law
820 F.2d 1553·1987 U.S. App. LEXIS 8886
United States Court of Appeals for the Ninth CircuitJuly 9, 198786-6481California2,500 words

Opinion

Opinion

820 F.2d 1553 In re Joseph F. CREVIER; Diana B. Crevier, Debtors. Joseph F. CREVIER and Diana B. Crevier, Plaintiffs-Appellees, v WELFARE & PENSION FUND FOR LOCAL 701, Mid-Jersey Trucking Industry, Defendant- Appellant. No. 86-6481 United States Court of Appeals, Ninth Circuit Argued and Submitted June 5, 1987. Decided July 9, 1987. Donald W. Sieveke, Santa Ana, Cal., for plaintiffs-appellees. Joel P. Schiff, Los Angeles, Cal., for defendant-appellant. Appeal from the United States District Court for the Central District of California. Before HUG and WIGGINS, Circuit Judges, and CROCKER, * District judge. WIGGINS, Circuit Judge: 1 After Joseph and Diana Crevier (Creviers) filed a petition in bankruptcy, they secured a loan by conveying a trust deed on estate property without the trustee's or bankruptcy court's consent. They subsequently brought this action in the bankruptcy court under the Truth in Lending Act (TILA), 15 U.S.C. Secs. 1601-1646 , to rescind the trust deed and loan. The bankruptcy court held the Creviers lacked standing under TILA. The district court reversed. We reverse and reinstate the bankruptcy court judgment on the ground that a Chapter 7 debtor who…

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