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Garfield v. Ocwen Loan Servicing LLC

Jan
04
2016
Ruling
Debtor could pursue Fair Debt Collection Practices Act action, against creditor that violated the discharge injunction, in the district court.
Issue(s)
Whether a debtor who received a claim on a debt that was discharged in a bankruptcy proceeding was able to sue the claimant in a district court under the Fair Debt Collection Practices Act (FDCPA) or had to seek relief in the bankruptcy court.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 04, 2016 , LexisNexis #0116-123
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DPWN Holdings (USA) Inc. v. United Air Lines Inc.

Mar
27
2014
Ruling
District court erred in allowing creditor's postdischarge claim where evidence contradicted alleged lack of knowledge of bankruptcy.
Issue(s)
Whether a creditor had sufficient notice of the availability of its antitrust claim against a chapter 11 debtor airline to satisfy due process requirements and render the claim discharged?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on March 27, 2014 , LexisNexis #0414-054
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