Silverstein v. Wachovia Mortg. Corp.

Ruling: 
Debtor had standing to assert fair debt collection practices claim that was sufficiently set forth in schedules.
Procedural posture: 
Plaintiffs, a Chapter 11 debtor and his spouse, sued defendant mortgage lender in California state court. Following removal, plaintiffs filed an amended complaint alleging violations of California Civ. Code § 1788 et seq. and the Rosenthal Fair Debt Collection Practices Act (RFDCPA), invasion of privacy, tort in se, and libel. The lender moved to dismiss or for a more definite statement.
Issue: 
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Consumer case opionion summary, case decided on February 07,2011, LexisNexis #0811-048