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Any customer borrowing money or refinancing a loan within four years of the filing of the lawsuit would be included in the case. The 25 fee is labeled an application fee. However, Cash Cow only charged the fee for approved loans.
Therefore, it is a cost of the loan, and falls under the Truth In Lending Act explained Nicholas Mattison, an attorney for Feferman and Warren. The purpose of the TILA law is to provide a uniform set of disclosures so shoppers can compare the cost of one loan to another.
After the lawsuit was filed, Delgado filed for protection under Chapter 11 of the U. Bankruptcy Code. Under Chapter 11, Delgado will be able to create a plan to pay all creditors over time.
The bankruptcy lists debts in excess of 7 million including back taxes and personal loans.