The Northern District of Illinois recently held that a collection letter sent to a consumer’s attorney seeking payment on a debt discharged in bankruptcy did not violate the Fair Debt Collection Practices Act based on the “competent lawyer” standard. The case is Grajny v. Credit Control, LLC, No. 18-C-2719, 2018 U.S. Dist. LEXIS 173682, 2018 WL 4905019 (N.D. Ill. Oct. 9, 2018).
USA, Illinois, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy discharge, Fair Debt Collection Practices Act 1977 (USA), US District Court for Northern District of Illinois
Currently, some courts allow borrowers to bring Fair Debt Collection Practices Act claims for non-judicial foreclosures while other courts do not, but that is about to change.
USA, Banking, Insolvency & Restructuring, Troutman Pepper, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States