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6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
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Defendant GMAC Residential Funding Corporation filed a Motion to Dismiss Plaintiff’s Complaint or in the Alternative, Summary Judgment arguing, inter alia, that Plaintiff’s notice of election to rescind via the adversary proceeding complaint was untimely under the Truth in Lending Act, 15 U.S.C. § 1635(f). Plaintiff, Carolyn Thomas, argued that the notice of election to rescind was timely under the extension of time granted by Federal Rule of Bankruptcy Procedure 9006. The court granted Defendant’s motion, finding that because Plaintiff’s notice of election to rescind was not required to have been brought in the bankruptcy case, the Federal Rules of Bankruptcy Procedure did not extend the statutory time for Plaintiff to give notice of her election to rescind.

PDF File: 
Entered: 
2003-07-07
Case: 
02-21838
Judge: 
Duncan W. Keir