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GARFIELD v. OCWEN LOAN SERVICING, LLC

Docket No. 15-527.

811 F.3d 86 (2016)

Donna GARFIELD, Plaintiff-Appellant, v. OCWEN LOAN SERVICING, LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 4, 2016.

Attorney(s) appearing for the Case

Kenneth R. Hiller , Law Offices of Kenneth Hiller, PLLC, Amherst, N.Y., for Appellant.

Gary Neal Smith , Houser & Alison, APC, Newark, NJ, for Appellee.

Daniel L. Geyser , Stris & Maher LLP, Los Angeles, CA, for amicus curiae National Association of Consumer Bankruptcy Attorneys, in support of Appellant.

Before: NEWMAN, WINTER, and CABRANES, Circuit Judges.

The principal issue on this appeal is whether a debtor who has received a claim on a debt that has been discharged in a bankruptcy proceeding can sue the claimant in a district court under the Fair Debt Collection Practices Act ("FDCPA") or must seek relief in the bankruptcy court. The issue arises on an appeal by Plaintiff...

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