2nd Circuit Reverses Decision That FDCPA Claim Must Be Heard By Bankruptcy Court
(January 5, 2016, 12:36 PM EST) -- NEW YORK — The Second Circuit U.S. Court of Appeals on Dec. 31 reversed a trial court's decision to dismiss a borrower's claim for violation of the Fair Debt Collection Practices Act (FDCPA), finding that it erred in ordering that her claims must be heard by a bankruptcy court (Donna Garfield v. Ocwen Loan Servicing LLC, No. 15-527, 2nd Cir.; 2016 U.S. App. LEXIS 3).
(Opinion available. Document #85-160112-014Z.)
Donna Garfield obtained a loan from Litton Loan Servicing L.P., the predecessor of Ocwen Loan Servicing LLC....