Circuit Permits Debtor's Suit After Discharge in Bankruptcy
A debtor can bring suit in federal court to challenge collection practices under the Fair Debt Collection Practices Act for a debt that has been discharged in bankruptcy, the Second Circuit ruled Monday.
January 05, 2016 at 09:58 AM
3 minute read
A debtor can bring suit in federal court to challenge collection practices under the Fair Debt Collection Practices Act for a debt that has been discharged in bankruptcy, the U.S. Court of Appeals for the Second Circuit ruled Monday.
Overturning a lower court, the Second Circuit said plaintiff debtor Donna Garfield is not precluded by bankruptcy law from suing in district court on claims under the act (FDCPA) after her discharge in bankruptcy.
In Garfield v. Ocwen Loan Servicing LLC, 15-527, Judges Jon Newman, Ralph Winter and Jose Cabranes reversed Western District Judge Elizabeth Wolford, who had held Garfield could only seek relief in bankruptcy court.
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