Beach v. Bank of America (In Re Beach), 447 B.R. 313

Loan to debtors secured by home; AR Adjustable Rate Rider alleged without new disclosure; bankruptcy filed Jan 9, 2008; TRO stayed foreclosure; case removed to federal court and referred to Bankruptcy Court; Trustee joined as party-plaintiff Jan 13, 2011; Bank moved to dismiss on limitations and standing theories.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ICPA claims are time-barred or inadequately pled.	Beach asserts ICPA violations based on misdisclosure and threats.	Bank contends ICPA claims time-barred and failed to plead improper threats.	ICPA claims dismissed for failure to state a claim and time-bar.
Whether TILA claims are timely where raised defensively vs offensively.	Debtors/Trustee argue TILA defenses to foreclosure are timely as recoupment.	Bank argues TILA claims are offensive actions subject to 1-year limit.	TILA defenses timely; recoupment survives as defense to debt collection.
Whether Debtors and Trustee have standing to assert TILA claims.	Debtors provide constitutional and prudential standing; Trustee joins as GPT.	Bank contends claims belong to estate; no standing by Debtors.	Both Debtors and Trustee have standing to advance TILA defenses.
Whether Trustee's rescission claim is viable.	Trustee seeks TILA rescission under 15 U.S.C. § 1635(f).	Residential mortgage excludes rescission rights under § 1635(e).	Trustee rescission claim lacking merit and dismissible.

Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (constitutional standing standard)
Warth v. Seldin, 422 U.S. 490 (1975) (prudential standing principle; self-imposed limits on jurisdiction)
Safe Air for Everyone v. Meyer, 373 F.3d 1035 (9th Cir. 2004) (facial Rule 12(b)(1) standing analysis; jurisdictional attack standard)
Twombly, 550 U.S. 544 (2007) (pleading standard: plausibility required)
Iqbal v. Ashcroft, 556 U.S. 662 (2009) (plausibility standard applied to pleadings)