Discharged But Not Done: Navigating the FDCPA in Consumer Bankruptcy Practice

The intersection of the Fair Debt Collection Practices Act and consumer bankruptcy law is one of the most dynamic areas in consumer practice today. Creditors and debt collectors routinely stumble over the automatic stay, the discharge injunction, and the limits of post-bankruptcy collection activity, creating fertile ground for client claims and firm revenue.  Attendees will learn where to look to find potential claims in their bankruptcy practice.  Litigation attorneys can learn how to approach bankruptcy attorneys and educate them on how to address claims – both pre-filing and post-filing.

This seminar delivers practical guidance on the issues most likely to land on your desk: what conduct triggers FDCPA liability before and after a bankruptcy filing, how courts are resolving the "bona fide error" and "litigation privilege" defenses in bankruptcy-adjacent collection disputes, and when a discharge violation rises to the level of contempt. Attorneys at will leave with concrete strategies for advising clients and identifying claims that deserve to be pursued.

What You Will Learn
•    FDCPA Liability Pre-Petition — Identify which debt collection communications and actions pre-filing give rise to FDCPA violations and how to protect those actions in the bankruptcy case.
•    Post-Discharge Collection: Injunction Violations vs. FDCPA Claims — Understand the scope of the discharge injunction under 11 U.S.C. § 524, analyze how attempts to collect discharged debts are treated under the FDCPA, and learn the strategic considerations in choosing between a bankruptcy contempt motion and a standalone FDCPA action.
•    Practical Takeaways — Educate staff and clients on how to spot claims and what information you will need.