“Why do I need the FDCPA if there’s already a remedy under Rule 3001?” This is what the bankruptcy judge asked me when I brought an adversary proceeding against a claims buyer, alleging potential class claims under both the Fair Debt Collection Practices Act (“FDCPA”) and Bankruptcy Rule 3001(c)(2). The defendant had a business practice of filing high volumes of claims for defaulted credit card debt in Chapter 13 cases without itemizing the embedded interest and fees. In my view, the same action by the claims buyer that violated Bankruptcy Rule 3001(c)(2)(A)also . . .
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