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BESSETTE v. AVCO FINANCIAL SERVICES, INC.

No. 99-2291.

230 F.3d 439 (2000)

Cheryl BESSETTE, For Herself and on Behalf of All Others Similarly Situated, Plaintiff, Appellant, v. AVCO FINANCIAL SERVICES, INC.; Avco Financial Services of Rhode Island, Inc.; Avco Financial Services of Colorado, Inc.; Avco Financial Services Management Co., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 27, 2000.

As Amended on Denial of Rehearing December 15, 2000.

Attorney(s) appearing for the Case

Cathleen M. Combs, with whom Daniel A. Edelman, Tara L. Goodwin, Edelman, Combs & Latturner, Christopher M. Lefebvre and Law Offices of Claude Lefebvre & Sons were on brief, for appellant.

Gary Klein, John Rao and National Consumer Law Center on brief, for National Association of Consumer Bankruptcy Attorneys, amicus curiae.

Patricia A. Sullivan, with whom William P. Robinson III, Jon M. Anderson, Edwards & Angell, LLP, Mary Grace Diehl, A. William Loeffler and Troutman Sanders LLP were on brief, for appellees.

Robert E. McKew, George J. Wallace, Timi Nickerson Kenealy and Eckert Seamans Cherin & Mellott, LLC on brief, for American Financial Services Association, amicus curiae.

Michael E. Malamut on brief, for New England Legal Foundation, amicus curiae.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and SCHWARZER, Senior District Judge.

TORRUELLA, Chief Judge.

This appeal involves the wrongful, and supposedly common, practice by certain creditors of coercing naive and inexperienced debtors into reaffirming debt that has been properly discharged in bankruptcy. Such a practice contravenes one of the primary purposes of federal bankruptcy law, that is, to "give the debtor a `new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt...

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