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Truth in Lending: E.3.1.4 Attorney Declaration in Support of Motions for Temporary Restraining Order and Preliminary Injunction

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

[PLAINTIFF]

Plaintiff

v.

[Defendants 1–7]

Defendants

DECLARATION OF [PLAINTIFF’S ATTORNEY] IN SUPPORT OF PLAINTIFF’S MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

I, [Plaintiff’s Attorney], hereby declare as follows:

1. I am one of the attorneys for the plaintiff in this case. I have personal knowledge of the facts set forth in this Declaration.

Truth in Lending: E.3.2.1 Introduction

This set of documents seeks a temporary restraining order in federal court against a non-judicial foreclosure, on the ground that the consumer rescinded the transaction under TILA. These documents are adapted from a set contributed by Karen Merrill Tjapkes, a Michigan attorney. The TILA complaint that was filed in the case is included with this treatise’s digital version under “Pleadings and Discovery.” Practitioners should check local rules, which may require litigants to present additional forms or papers when seeking a TRO.

Truth in Lending: E.3.2.6 Temporary Restraining Order

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MICHIGAN

[CONSUMER]

Plaintiff

v.

LONG BEACH MORTGAGE COMPANY, WASHINGTON MUTUAL, and AIM FINANCIAL, INC.

Defendants

TEMPORARY RESTRAINING ORDER

In accordance with the Opinion issued on this date:

Truth in Lending: F.2 Sample First Set of Interrogatories

This set of interrogatories is based on interrogatories prepared by consumer law practitioners in several different cases.2 It is designed to be directed to both the original creditor and an assignee. If only one is sued, the questions should be edited accordingly. The original creditor is identified as “Original Creditor” and the assignee as “Assignee,” but those terms should be replaced by their actual names.

Truth in Lending: F.4 Sample Fair Credit Billing Act Interrogatories

A version of these interrogatories in Microsoft Word format is available at this treatise’s digital version under “Pleadings and Discovery.”54

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

SAMUEL N. PLAINTIFF

Plaintiff

v.

FLEET CREDIT CARD SERVICES L.P.

Defendant

FIRST SET OF INTERROGATORIES

Truth in Lending: F.6 Sample Consumer Leasing Act Interrogatories

This discovery is based on documents provided by Michael Donovan, David Searles, and Cary Flitter, all Pennsylvania attorneys with consumer law practices.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

BRIAN S. SMITH, MICHAEL PARKER and MICHELLE PARKER, h/w on behalf of themselves and all others similarly situated Plaintiffs

Plaintiff

v.

NISSAN MOTOR ACCEPTANCE CORP.

Defendant

CLASS ACTION

JURY TRIAL DEMANDED

Truth in Lending: F.7 Sample Consumer Leasing Act Request for Production of Documents

This discovery is based on documents provided by Michael Donovan, David Searles and Cary Flitter, all Pennsylvania attorneys with consumer law practices. It is based on the particular facts of a case and must be adapted by a competent professional for use in other cases. A version of this request in Microsoft Word format is available as online companion material to this treatise.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

Collection Actions: KANSAS

Has state opted out of federal bankruptcy exemptions? Yes, except as to 11 U.S.C. § 522(d)(10) (benefits, alimony, support, maintenance, certain pensions and similar payments). Kan. Stat. Ann. § 60-2312.

Is opt out limited to residents or domiciliaries of the state? Not specified. Kan. Stat. Ann. § 60-2312: “[N]o person, as an individual debtor under the [Bankruptcy Code], may elect exemptions pursuant to [§ 522(d)].”

Do state’s exemptions have extraterritorial application?

Collection Actions: KENTUCKY

Has state opted out of federal bankruptcy exemptions? No. Ky. Rev. Stat. Ann. § 427.170 (West).

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: No. Ky. Rev. Stat. Ann. § 427.060 (West) applies to “real or personal property . . . that such debtor or . . . dependent . . . uses as a permanent residence in this state.”

Collection Actions: MISSISSIPPI

Has state opted out of federal bankruptcy exemptions? Yes. Miss. Code Ann. § 85-3-2.

Is opt out limited to residents or domiciliaries of the state? Yes. Miss. Code Ann. § 85-3-2: “Residents of the State of Mississippi shall not be entitled to the federal exemptions . . . [in § 522(d)].”

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain.

Collection Actions: OKLAHOMA

Has state opted out of federal bankruptcy exemptions? Yes. Okla. Stat. tit. 31, § 1(B).

Is opt out limited to residents or domiciliaries of the state? Yes. Okla. Stat. tit. 31, § 1(B): “No natural person residing in this state may exempt from the property of the estate in any bankruptcy proceeding the property specified in [§ 522)d)] . . . .”

Do state’s exemptions have extraterritorial application?

Collection Actions: OREGON

Has state opted out of federal bankruptcy exemptions? No. Or. Rev. Stat. § 18.300.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: Yes. See In re Stratton, 269 B.R. 716 (Bankr. D. Or. 2001) (Oregon homestead exemption applied to property in California).

Personal property: Probably yes, based on In re Stratton, 269 B.R. 716 (Bankr. D. Or. 2001).

Collection Actions: PENNSYLVANIA

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: No exemption.

Personal property: Uncertain.

Wages: 23 Pa. Cons. Stat. § 3703; 42 Pa. Cons. Stat. § 8127.

Scope: Wages, salaries and commissions of individuals. 42 Pa. Cons. Stat. § 8127.

Collection Actions: VERMONT

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: Yes. See In re Oliver, 182 B.R. 699 (Bankr. D. Vt. 1995) (debtor may use Vermont homestead to exempt proceeds of sale of property in another state).

Personal property: Uncertain.

Collection Actions: VIRGIN ISLANDS

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain.

Wages: V.I. Code Ann. tit. 5, §§ 521, 522.