In re Atwood
United States Bankruptcy Court for the District of New Mexico
452 B.R. 249 (2011)
- Written by Jody Stuart, JD
Facts
Patricia Atwood (debtor) filed a petition for Chapter 7 bankruptcy. Subsequently, Atwood’s creditor served a summons and complaint on Atwood to collect a prepetition debt. Atwood then filed an adversary proceeding against the creditor seeking damages for improper debt-collection activity in violation of the Fair Debt Collections Practices Act (FDCPA), the New Mexico Unfair Practices Act (NMUPA), and the New Mexico common law for unfair debt collection. The creditor filed a motion to dismiss the complaints for failure to state a claim on which relief could be granted.
Rule of Law
Issue
Holding and Reasoning (Jacobvitz, J.)
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