January 28, 2016
Stris & Maher Wins Major Consumer-Bankruptcy Case In The Second Circuit
Supreme Court and Appellate Practice Chair Daniel Geyser has won a major appeal in the Second Circuit. The decision authorizes consumers to pursue relief under the Fair Debt Collection Practices Act (FDCPA) when debt collectors wrongly pursue debts that were already discharged in an earlier bankruptcy. Mr. Geyser was retained by the National Association of Consumer Bankruptcy Attorneys to brief and argue the case as amicus curiae before the Second Circuit.
Related press coverage:
FDCPA Not Repealed by Bankruptcy Code (National Consumer Bankruptcy Rights Center, January 4, 2016)
2nd Circuit Rules Bankruptcy Code Does Not Preclude FDCPA Suit in District Court (insideARM, January 28, 2016)
Circuit Permits Debtor’s Suit After Discharge in Bankruptcy (New York Law Journal, January 5, 2016) (subscription required)
2nd Circuit Reverses Decision That FDCPA Claim Must Be Heard By Bankruptcy Court (Lexis Legal News, January 5, 2016) (subscription required)