Central District Consumer Bankruptcy Attorney's Association

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Shannon:
I think the trustee has a legitimate complaint. The best practice is to list each creditor or collector. Claims under FDCPA, CA Rosenthal Act and other consumer statutes against ABC Collection Agency. The defendant in the later FDCPA lawsuit would certainly try to use the non-specific averment in an equitable estoppel defense.
Sometimes I have listed them as statutory damages claims but one should be careful because that would eliminate causes of action for actual damages.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

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It's the same as any other prepetition lawsuit. It should be scheduled.
I am going to reread the Wells line of cases. I thought postpetition FDCPA
claims were only pre-empted to the extent the lawsuits alleged violations
based on creditors filing proofs of claim. I would be surprised if you
couldn't sue for FDCPA if after a discharge someone tries to collect a
debt.
Sincerely,
Michael Avanesian
On Thu, Sep 4, 2014 at 6:55 AM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
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> If a debtor fails to bring a pre-petition FDCPA claim against creditor
> during a Chapter 7, does debtor lose the right to bring it later? I know
> the Walls case say no FDCPA claim for post-petition attempts to collect but
> what about pre-petition violations?
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It's the same as any other prepetition lawsuit.It should be scheduled.I am going to reread the Wells line of cases. I thought postpetition FDCPA claims were only pre-empted to the extent the lawsuits alleged violations based on creditors filing proofs of claim. I would be surprised if you couldn't sue for FDCPA if after a discharge someone tries to collect a debt.
Sincerely, Michael AvanesianOn Thu, Sep 4, 2014 at 6:55 AM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
If a debtor fails to bring a pre-petition FDCPA claim against creditor during a Chapter 7, does debtor lose the right to bring it later? I know the Walls case say no FDCPA claim for post-petition attempts to collect but what about pre-petition
violations?

The post was migrated from Yahoo.