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Christmas v. Preston Mitchell Co. (In re Christmas) (Case No. 10-60826; A.P. No. 10-06059) 07/13/2010

The Plaintiff filed a complaint alleging violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692.  The Court, on its own motion, dismissed the adversary proceeding for lack of subject matter jurisdiction because a cause of action under the FDCPA is not created by the Bankruptcy Code, it exists outside of the context of bankruptcy, and the causes of action alleged in the complaint do not arise under title 11.

Date: 
Tuesday, July 13, 2010
Category: 
Chapter 7 Issues
Dismissal
Jurisdiction
Chapter: 
7