District Court (NY) Finds Debtor Estopped to Bring FDCPA Claims Because Debtor Omitted Claims from Bankruptcy Schedules

In Montalvo v. Asset Acceptance, here, the District Court held that an FDCPA plaintiff lacked standing to assert the claim.  Since the Plaintiff failed to list the claim in Plaintiff’s bankruptcy schedules, the doctrine of judicial estoppel operated to prevent the Plaintiff from asserting the claim post-discharge.