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CEB Prac. Guide § 2A.06 -- Statutory Background and Pre-Emption -- Relationship between State and Federal FDCPA and Federal Bankruptcy Code -- State Court Standing for Chapter 13 Debtors

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Bankruptcy Court (Cal.) Finds FDCPA Claim Pre-empted by Bankruptcy Code

by Scott J. Hyman |

In GANAS v. Wells Fargo Bank, N.A., 2014 WL 3400536 (Bkrtcy.E.D.Cal.), the Bankruptcy Court for the Eastern District of California was confronted with the question of whether a borrower could bring a Rosenthal Act claim against a mortgage servicer for filing an allegedly incorrect proof of claim in the borrower’s bankruptcy proceeding.  The Court first grappled with the question of… Read More