MEMORANDUM AND OPINION
Jоhn R. Celona, Jr. and Marion M. Celona (hereinafter “Appellees”) filed a Chapter 13 Bankruptcy Petition, Bankruptcy No. 87-02452S, in the United States Bankruptcy Court for the Eastern District of Pennsylvаnia. Equitable National Bank (hereinafter “Appellant”) filed a Secured Proof of Claim. Appellees objected to Appellant’s Secured Proof of Claim and sought remedies pursuant to the Truth-In-Lending Simplification Act (hereinafter “TILA”), 15 U.S.C. § 1601
et seq.
and Regulation Z of the Federal Reserve Board 12 C.F.R. Sec. 226.1
et seq.
(hereinafter “Reg. Z”), as amended. On August 29, 1988, the Bankruptcy Court entеred judgment in favor of Appellees,
Upon the reasoning set forth in the following memorandum, I will AFFIRM the Bankruptcy Court.
FACTS
On July 23, 1985, Appellees purchased a Jeep Wagoneer automobile from Victory AMC/Jeep, Inc. for the price of $4,903.34. In order to finance the purchase, Appellees executed a secondary mortgage loan contract, a mortgage, and a TILA disclosure statement reflecting that they received the net sum of $5,197.50.
On May 19, 1987, the Appellees filed a voluntary petition in bankruptcy (Chapter 13, Bankruptcy No. 87-02452-S). On June 30, 1987, Appellant filed a Proof of Claim asserting secured status by virtue of the July 23, 1985 mortgage.
Prior to the conclusion of the bankruptcy proceedings, Appellees sent Aрpellant a notice of rescission of the July 24, 1985 loan transaction pursuant to Section 1635 of the TILA. The Appellant received the notice of rescission on March 11, 1988 аnd never responded.
On March 23, 1988, the Appellees commenced an adversary proceeding in which they objected to Appellant’s proof of claim on the ground that Appellant’s mortgage and security interest was void because of TILA violations. On August 29, 1988, the Bankruptcy Court issued an Opinion and Order concluding that the Appellant had committed twо material violations of the Truth-In-Lending Act and ordered the Appellant to satisfy the mortgage and void its security interest. In addition, the Bankruptcy Court ordered the Appellant to return all money or property received from the Appellees pursuant to the loan transaction and awarded the Appellees $1,000 in statutory damages. The Appellees’ “tender back” obligations became an unsecured debt.
Appellant claims that the Bankruptcy Court committed error in concluding: (1) that rescission of the loan transaction and voiding of Appellant’s security for repayment of the loan need not be conditioned upon Appellee’s repayment of the outstanding balance оf the said loan; and (2) that Chapter 13 debtors may exercise TILA rescission rights without the prior approval *707 of the Bankruptcy Court upon notice and hearing to all creditors.
DISCUSSION
In rеviewing decisions of the Bankruptcy Court, the district court must evaluate findings of fact under the clearly erroneous standard. Bankr.R. 8013;
In re Morrissey,
With respect to consumer loan transactions, Congress passed the Truth-In-Lending Simplification and Reform Act of 1980, 15 U.S.C. § 1601
et seq.
The purpose of the Act is to establish a strong national policy of protecting consumers whose residences may be jeopardized by operation of a security interest acquired by creditors. Truth in Lending Regulations, Regulation Z, § 226.15(b), 15 U.S.C.A. foil. § 1700.;
Abele v. Mid-Penn Consumer Discount,
The TILA provides that when an obligor exercises his right to rescission, he is not liable for any finance or other charge and any security interest given by the obligor becomes void upon the rescission. 15 U.S. C. § 1635(b). Upon receipt of the rescission notice the creditor must return any down payment or other monies it received from the obligor and take the steps necessary to reflect the termination of the security interest. Thereafter, the obligor is to return to the creditor the property he received or its reasonable value. If the creditor does not take possession of the property within twenty days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it.
In the instant case, the Appellant contends that the Bankruptcy Court has the power to exercise equitable discretion to so condition a TILA rescission upon repayment. The Appellant cites non-bankruptcy cases which support its position.
In
Aquino v. Public Finance Consumer Discount Company,
Although there may be some validity in Appellant’s argument in a non-bankruptcy context, that validity is lost when Bank
*708
ruptcy Court imposes its requirements.
In Re Chancy,
In a non-bankruptcy setting, the rights and duties of the parties upon TILA rescission are clear and absоlute. Each party must make the other as whole as he would have been had the contract never been entered into. In the absence of bankruptcy, there is no legal impediment to either party doing what is required to restore the status quo ante.
In bankruptcy cases, equitable discretion in TILA rescissions is limited. A TILA rescission does not require the tendеr of consideration as an equitable prerequisite of rescission. Regulation Z, Section 226.23(d)(4) specifies that only “procedures outlined in paragraphs (d)(2) and (3) of this Section may be modified by court order.” 12 C.F.R. § 226.23(d)(4). The Bankruptcy Court properly found that it lacked the equitable discretion to condition the voiding of the security interest or cancellation of the finance charges.
In the present case, the Bankruptcy Court, after finding that the Appellant had committed material violations of TILA, ordered the loan rescindеd, directed Appellant to credit the Appellees for the $1,177.90 that Appellees had paid Appellant and granted Appellees $1,000 in statutory damages. The Court alsо ordered that the Appellees were obligated to pay $2,426.10 to Appellant. The said amount was to be treated as an unsecured debt. It is this Court’s view that the Bankruptcy Court properly applied Appellees’ substantive TILA rights.
Appellant provides no authority for its contention that a consumer must obtain prior Bankruptcy Court approval prior to exercising his right to rescind. Appellant asserts that the exercise of a TILA rescission right is a “use, sale or lease other than in the ordinary course of business” of property of the estate. 11 U.S.C. § 363(b)(1). Appellant states that the exercise of the right to rescind the contract constitutes a “use, sale or lease” of the estate. Absent statutory authority, case law and legal reasoning in support of this argument, this Court must reject this novel contention and find that appellees were not barred from rescinding their loan without рrior authorization of the Bankruptcy Court and upon notice and hearing.
Therefore, the Bankruptcy Court’s Order is hereby AFFIRMED.
Notes
. Appellant also cited,
LaGrone
v.
Johnson,
. Courts have distinguished the contrary cases as not involving bankruptcy proceedings.
See, In re Chancy,
