· 12/18/2008
B-Real, LLC v. Chaussee (In Re Chaussee)
Citations
- 399 B.R. 225
- 2008 Bankr. LEXIS 3850
- 2008 WL 5474254
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Congress did not intend for the FDCPA to apply in the context of proofs of claim filed in bankruptcy
- holding that the Bankruptcy Code precludes the application of the FDCPA when debtor’s only contention is that defendant filed proofs of claim
- holding that debtor’s action under the Washington State Consumer 10 Protection Act based on creditor filing time-barred claim was preempted
- holding that federal preemption barred a cause of action under the Washington State Consumer Protection Act when the cause of action was based solely on the creditor’s filing of proofs of claim in the bankruptcy court
- finding that FDCPA claims were precluded by the Bankruptcy Code
- Washington’s state consumer protection law preempted by federal bankruptcy law regarding the filing of stale proofs of claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Pappas, Jury, Kaufman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.