The trustee filed a complaint alleging that the defendant violated 15 U.S.C. § 1635 and C.F.R. § 226.23 by failing to provide the male debtor with two copies of a notice of the right to rescind the transaction and sought to rescind the transaction, avoid the lien on the real property and receive damages for violation of the Truth in Lending Act.  If the creditor fails to provide each debtor with two copies of the notice of the right to rescind, then the period in which the debtor has a right to rescind is extended from three days to three years. If a creditor violates Section 1635, then the court may also award relief under section 1640  for actual damages, statutory damages and costs including attorney's fees. The Court held that the defendant did not violate the TILA and the debtor had no right to effect rescission prior to the filing of the petition; therefore, the trustee had no right to effect rescission post petition.  However, even if the creditor violated the TILA, the Court would not avoid the lien unless the trustee tendered the amount borrowed less any payments that had been made by the debtors.  As the debtors had no such funds and there were no funds in the estate, neither could perform the act necessary to effect rescission.