When does an FDCPA case accrue?

This Sixth Circuit case deals with an interesting fact situation, part of which happens pretty often.  A debtor receives a demand for payment that might violate the FDCPA, then the debtor files bankruptcy.  Subsequent to the bankruptcy discharge, the debtor brings an FDCPA claim.   This occurs fairly often.  The question arises as to whether or not the FDCPA claim was an asset of the bankruptcy estate.

You can find court decisions that go both ways on this issue.  This recent Sixth Circuit case lays out the process for analysis in determining whether or not the FDCPA claim is a bankruptcy estate assets.  IN this case, the court determined that it was.

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About dknights

Attorney, Kentucky
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