Manikan v. Peters & Freedman, LLP, No. 19-55393 (9th Cir. 2020)
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The Ninth Circuit reversed the district court's grant of summary judgment for defendants in an action brought by plaintiff under the Fair Debt Collection Practices Act (FDCPA). Plaintiff alleged that P&F violated the FDCPA by attempting to collect a debt that was no longer owed and that P&F's agent, AAS, violated the FDCPA in attempting to collect the debt.
Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), precludes claims under the FDCPA. The panel held that Walls does not extend to this circumstance because plaintiff's FDCPA claims are based on the wholly independent ground of full payment, rather than being premised on a violation of the discharge order.
Court Description: Fair Debt Collection Practices Act / Bankruptcy. Reversing the district court’s summary judgment in favor of defendants in an action under the Fair Debt Collection Practices Act, and remanding, the panel held that the plaintiff’s claims were not precluded by the Bankruptcy Code. The plaintiff alleged that defendant debt collectors violated the FDCPA by attempting to collect a debt that was discharged in bankruptcy and was no longer owed. Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), precludes FDCPA claims premised on a violation of a bankruptcy discharge order. The panel held that Walls did not preclude the plaintiff’s claim, based on a debt that was fully satisfied through a Chapter 13 plan before discharge was entered, because whether an unfair debt collection practice occurred did not depend on issuance or enforcement of the discharge order. * The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. MANIKAN V. PETERS & FREEDMAN LLP 3
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