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CEB Prac. Guide § 2A.04 -- Statutory Background and Pre-emption -- Relationship between State and Federal FDCPA and Federal Bankruptcy Code -- Jurisdictional and Preemption Rules When FDCPA Claim Aris

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In Black v. Midland Credit Management, Inc., 2013 WL 5140181 (W.D.Wash. 2013), Judge Leighton found that a debtor’s failure to list her FDCPA claim in her bankruptcy schedules estopped her from later attempting to bring the FDCPA claim post-discharge.  Judge Leighton explained: Judicial estoppel “is an equitable defense that precludes a party from gaining an advantage by as-serting one position,… Read More

In In re Atwood, Slip Copy, 2011 WL 1331974 (Bkrtcy.D.N.M. 2011), Judge Jacobvitz followed Seventh Circuit authority, instead of the Ninth Circuit's decision in Walls, to hold that the Bankruptcy Code did not provide the exclusive remedy for a debt collector’s post-petition conduct violating the automatic stay.    Defendants assert that Plaintiff's exclusive remedy for the Defendants' alleged post-petition collection… Read More