Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”

-

Link to Post:

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

Introduction

On March 20, 2019, the Supreme Court ruled unanimously in Obduskey v. McCarthy & Holthus LLP1 that actions required by state law in a nonjudicial foreclosure are not regulated by the Fair Debt Collection Practices Act (FDCPA).2 The decision resolved a split in the circuits. In addition to the Tenth Circuit (affirmed by Obduskey), the Ninth had also concluded that the FDCPA does not apply to nonjudicial foreclosure.

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

ahern_larry_regular

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

February 27, 2022
Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addressed reaffirmation in a context that should be of interest to debtor's attorneys. As explained in Part 1, Rhodes points out that the "ride-through" of a debtor's secured debt after a Chapter 7 — which Congress . . . It...
View Article
Members
gustafson2

SCOTUS Cases Every Bankruptcy Lawyer Should Know Part 2 of 8

November 9, 2025
In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming months, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Taylor v. Freeland & Kronz, Law v. Siegel, Hamilton v. Lanning, and Butner v. US.
View Article
Members
joseph 12-2024

Up, Up and Away – Chapter 13 Plan Balloon Payments: Permissibility And Feasibility

March 29, 2026
When the math does not work, sometimes creative consumer attorneys try to make the balloon fly.
View Article
Members
Scott Waterman

Recent Study of New Student Loan Discharge Process Shows Increase in Loan Litigation in Bankruptcy

February 2, 2025
While you may want to read all 44 pages, Trustee Waterman has done an excellent job of breaking it down.
View Article
Members

Critical Case Comment

March 31, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as...
View Article
Members

Johnson Retires

September 29, 2019
By Academy Staff Jan P. Johnson served as a Chapter Standing 13 Trustee for the Eastern District of California, Sacramento Division, from 1998 to September 30, 2019. Prior to this appointment, he served as Chapter 13 Standing Trustee for the District of Puerto Rico from 1989 where he was responsible for over 25,000 cases. He was also appointed as Standing...
View Article
image004

10 Tips for Writing Bankruptcy Newsletters and Alerts That Get Read

March 9, 2025
“Here’s how to write marketing material that stands out, keep readers engaged, and generate business.”
View Article
Members

When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge

February 17, 2019
By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA) Many things can, and often do, change between the time debtors file a Chapter 13 bankruptcy petition and the end of their case. A variety of circumstances impact a debtor’s ability to afford their Chapter 13 plan payments, including but not limited to: medical problems, disability, loss of employment,...
View Article
Members
William-1_print_2019

Advising Consumer Clients About Credit Scoring – Some Questions

September 10, 2023
“We have observed consumers who seem to be focused principally on their credit scores, . . . rather than focusing on . . . a more critical immediate focus on their balance sheets . . .”
View Article
Members

Avoidance Powers In Chapter 13 – Part 3 of 6

January 13, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 2 of 6 Click here for Part 4 of 6 Click here for Part 5 of 6
View Article
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government