In Re Daniel L. Junk, et ux.

In Jesinoski et ux., v. Countrywide Home Loans, Inc., et a]., 135 S.Ct. 790, 190 L.Ed.2d 650 (2015) (per curiam) this Court unanimously held that a borrower exercising his right to rescind under the Truth in Lending Act, 15 U.S.C. § 1635(a), need only provide written notice to his lender within the 3-year period as set forth in § 1635(f), not file suit within that period . "[tihe language leaves no doubt that . . rescission is effected when the borrower notifies the creditor of his intention to rescind." Jesinoski, supra. The Act further provides when a borrower "exercises his right to rescind under [Section 1635(a)], he is not liable for any finance or other charge, and any security interest given by the [borrower] . becomes void upon such a rescission." . . Id. § 1635(b). Within 20 days after receipt of a notice of rescission, the creditor shall return to the [borrower] any money or property given as. downpayment and shall take any action . . . necessary or appropriate to reflect the termination of any security interest created under the transaction (emphasis added). Ibid. The questions presented are: (1) Whether a district court's exercise of its equitable discretion to abstain pursuant to 28 U.S.C. § 1334(c)(1), without applying applicable federal law under 15 U.S.C. §§ 1635(a) and (b) to an objection to a creditor's secured claims against the estate, was an