From the Editor – Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

FDCPA claim preempted by Bankruptcy Code. Former Chapter 13 debtor filed a FDCPA suit in district court, alleging that the mortgage creditor violated the Act by threatening foreclosure of a debt that had been cured in the plan, with ongoing mortgage payments to be paid after plan completion. The creditor had sent the former debtor notice of arrears, and the court discussed the split of judicial authority on preemption. Citing Simmons v. Roundup Funding, LLC, 622 F.3d 93 (2d Cir. 2010), the court held that the . . .

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