- 28 U.S.C.
Shortsleeve v. Centurytel of Ala. LLC (In re Shortsleeve)
Sep
06
2006
Ruling
Debtor's cause of action under Fair Debt Collection Practices Act was not related to bankruptcy.
Procedural posture
Plaintiff debtor sued defendants, a creditor and a debt collector, asserting claims for alleged violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and under 11 U.S.C. § 524 for violation of the discharge injunction. Defendants moved to dismiss the FDCPA claims per Fed. R. Civ. P. 12(b)(1) for lack of jurisdiction and to dismiss the 11 U.S.C. § 524 claims per Fed. R. Civ. P. 12(b)(6).
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Court
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