Another Court agrees consumers can sue a debt collector on a debt discharged in bankruptcy under the FDCPA
Previously, the Ninth Circuit the Bankruptcy Code precludes FDCPA claims brought during the pendency of bankruptcy proceedings. See Walls v. Wells Fargo Bank, N.A., 276 F.3d 502, 511 (9th Cir. 2002). Fortunately for consumers, another Court, the Second Cirtcuit Court of Appeals in Garfield v. Ocwen Loan Servicing has joined our circuit, the Third Circuit, and the growing consensus among circuits that the Bankruptcy Code effected “no broad preclusion” of FDCPA claims, see Simon v. FIA Card Services, N.A., 732 F.3d 259(3d Cir. 2013).