Legal Opinion
Simon v. FIA Card Services, N.A.
Court of Appeals for the Third Circuit
Decided October 7, 2013No. 12-3293PublishedCited by 100 opinions
1Opinion of the Court
OPINION
ROSENTHAL, District Judge:
This appeal arises out of the intersection of the Bankruptcy Code and the Fair Debt Collection Practices Act. The issue is whether a debt collector’s letter and notice requesting an examination under Federal Rule of Bankruptcy Procedure 2004 and offering to settle a debt, sent in a pending bankruptcy in contemplation of an adversary proceeding to challenge dischargeability, can be the basis for liability under the FDCPA.
A law firm, Weinstein & Riley, P.S., sent the letter and attached notice at issue on behalf of FIA Card Services, N.A., to both appellants,…
2Cases cited84 opinions
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- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Morton v. MancariSupreme Court of the United States · 1974
- Arizona v. United StatesSupreme Court of the United States · 2012
- Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992
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3Cited by100 opinions
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- Stanley L. Crawford v. LVNV Funding, LLCCourt of Appeals for the Eleventh Circuit · 2014
- Sarah McIvor v. Credit Control Services, Inc.Court of Appeals for the Eighth Circuit · 2014
- Timothy McLaughlin v. Phelan Hallinan & SchmiegCourt of Appeals for the Third Circuit · 2014
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