Tensions Continue to Mount Between the FDCPA and the Bankruptcy Code
Consumer Financial Services Law
JANUARY 9, 2016
The issue of whether the Bankruptcy Code precludes claims under the FDCPA took another twist in an opinion issued by the Second Circuit last week. In a pro consumer opinion, the Second Circuit seemingly changed direction by reversing the Southern District of New York’s dismissal of FDCPA claims which arose in part as a result of violations of the discharge injunction.
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