By The Honorable William Houston Brown (Retired)
Fair Debt Collection Practices Act not preempted by Bankruptcy Code. Chapter 13 debtor brought claims against a mortgage servicer for violations of the automatic stay, FDCPA and Texas Debt Collection Act, and the causes of actions related to the servicer’s filing of Rule 3002.1(c) notice of post-petition fees, expenses and charges, including for real property taxes that had been refunded to the servicer. The court found that the FDCPA was not preempted by the Bankruptcy Code, and that the Act’s and Code’s provisions . . .
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