2nd Circuit Rules Bankruptcy Code Does Not Preclude FDCPA Suit in District Court

This article previously appeared on The Consumer Finance Litigation Blog and is republished here with permission.

Nicholas Agnello

In Garfield v. Ocwen Loan Servicing, LLC, 15-527 (2d Cir. Jan. 4, 2016), the Second Circuit Court of Appeals examined whether a debtor who has been discharged in a bankruptcy can sue in a district court under the Fair Debt Collection Practices Act (“FDCPA”), as opposed to seeking relief in the bankruptcy court.

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