From the Editor’s Desk – Eligibility and Debtor’s Standing • NACTT Academy

From the Editor’s Desk – Eligibility and Debtor’s Standing

By The Honorable William Houston Brown (Retired)

Debtors can pursue non-bankruptcy cause of action. Distinguishing Chapter 7 and 13 cases, the Chapter 13 debtors could pursue a prepetition cause of action on behalf of the bankruptcy estate, since the debtors remained in possession of property of the estate under § 1303. However, the debtors’ cause of action under the Fair Debt Collection Practices Act was subject to summary judgment; the defendant’s repossession efforts as to a truck did not violate 15 U.S.C. § 1692f(6). Hayes v. Find Track Locate, Inc., ___ . . .

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