Complete Dismissal of FDCPA and State Law Claims Alleged by Bankrupt Debtor
In federal court in Oregon, Moss & Barnett secured a victory for its debt-collector client involving a case where a consumer sought declaratory relief against the debt collector and brought claims under the FDCPA, the Oregon Unlawful Debt Collection Act, and various state laws. The court found that the consumer, a debtor in bankruptcy, could not seek relief under the FDCPA where his bankruptcy gave rise to the claim under the FDCPA and his proper remedy was under the Bankruptcy Code. The court also found that the state law claims were similarly precluded by the Bankruptcy Code. Moss & Barnett secured summary judgment in its client’s favor on all claims brought against it.