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PostPosted: Wed Aug 09, 2006 3:01 am 
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The debt collector's ignorance of a consumer's discharge of the debt in bankruptcy (without more) is no excuse for its violation of the FDCPA. Turner v. J.V.D.B. & Assoc., Inc., 330 F.3d 991 (7th Cir, 2003). Contra, Hubbard v. National Bond & Collection Associates, 126 B.R. 422 (U.S.D.C. Del. 1991), aff'd, 947 F.2d 935 (3d Cir. 1991). Where the amount of the debt was confirmed by the Bankruptcy Court and the consumer did not object, the consumer is precluded from raising the amount of the debt as an FDCPA violation. Adair v. Sherman,230 F.3d 890 (7th Cir. 2000). The bona fide error defense, discussed later, may protect an otherwise violative communication. Juras v. Aman Collection Service, Inc., 829 F.2d 739 (9th Cir. 1987); Cross v. Risk Management Alternatives, Inc., 2005 U.S. Dist. LEXIS 13064 (U.S.D.C. N.D. Ill. 2005); Biber v. Associated Collection Services, Inc., 631 F.Supp. 1410 (U.S.D.C. Kan. 1986).

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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