In Orkies v. Midland Funding, plaintiff alleged the defendant’s collection letter violated the FDCPA. Defendant filed a motion to dismiss, arguing that plaintiff had abandoned the claim by failing to schedule the claim in her subsequent bankruptcy petition. The court granted the motion, finding that plaintiff’s filing of bankruptcy without scheduling the putative FDCPA claim was contrary to the position taken in the bankruptcy court, and that plaintiff’s failure to schedule the FDCPA claim was not excusable requiring dismissal of her claim.
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