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SIMON v. FIA CARD SERVICES, N.A.

No. 12-3293.

732 F.3d 259 (2013)

Robert Maxwell SIMON; Stacey Helene Simon, Appellants v. FIA CARD SERVICES, N.A.; Weinstein & Riley, P.S.

United States Court of Appeals, Third Circuit.

Opinion filed: October 7, 2013.

Attorney(s) appearing for the Case

Andy Winchell, Esq. (argued), Law Offices of Andy Winchell, Summit, NJ, for Appellants.

Kenneth S. Jannette, Esq. , Susan Power Johnston, Esq. (argued), Weinstein & Riley. P.S., New York, NY, for Appellees.

Before: RENDELL and GREENAWAY, JR., Circuit Judges and ROSENTHAL, District Judge.

OPINION

ROSENTHAL, District Judge:

This appeal arises out of the intersection of the Bankruptcy Code and the Fair Debt Collection Practices Act. The issue is whether a debt collector's letter and notice requesting an examination under Federal Rule of Bankruptcy Procedure 2004 and offering to settle a debt, sent in a pending bankruptcy in contemplation of an adversary proceeding to challenge dischargeability, can be the basis for liability under the FDCPA...

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