Bankruptcy Law Case Summary – Garfield v. Owcen Loan Servicing

On behalf of Furr & Cohen, P.A. posted in News on Friday, May 6, 2016.

In a debt collection action arising from an underlying bankruptcy, the district court’s dismissal of plaintiff’s Fair Debt Collection Practices Act (FDCPA) claims is reversed where the Bankruptcy Code does not broadly repeal the FDCPA for purposes of FDCPA claims based on conduct that would constitute alleged violations of a discharge injunction.