Nardino v. Credit Control, LLC

1 Citing case

  1. Nunez v. Mercantile Adjustment Bureau, LLC

    19-CV-02962 (PKC) (ST) (E.D.N.Y. May. 13, 2020)   Cited 12 times
    Finding compliance with the FDCPA where plaintiff alleged the validation notice was buried within the notice's text and was visually inconspicuous

    See Roth v. Solomon & Solomon, P.C., No. 17-CV-0868 (JS) (AKT), 2018 WL 718402, at *4 (E.D.N.Y. Feb. 5, 2018) ("Because unscheduled claims remain 'the property of the bankruptcy estate, the debtor lacks standing to pursue the claims after emerging from bankruptcy, and the claims must be dismissed.'" (quoting Lee, 926 F. Supp. 2d at 489)). Although "[f]ew courts have addressed the level of specificity with which debtors must describe assets [on the schedule] in order to comply with 11 U.S.C. § 521(a)(1)," Nardino v. Credit Control, LLC, No. 17-CV-03772 (ADS) (AKT), 2019 WL 2053708, at *4 (E.D.N.Y. Mar. 26, 2019) (second alteration in original) (quoting Romeo, 2016 WL 3647868, at *6), "courts typically look at whether the schedule gives the trustee enough information about the claim so he or she can decide if the claim is worth pursuing," Lee, 926 F. Supp. 2d at 489 (collecting cases); accord Romeo, 2016 WL 3647868, at *6 (noting that a debtor "must do enough itemizing to enable the trustee to determine whether to investigate further"). Defendant has provided the schedule filed with Plaintiff Khatun's October 2018 bankruptcy petition, which, according to Defendant, shows the disclosure of only one FDCPA claim, despite the fact that Plaintiff Khatun and her husband, MD Shahin, later filed five FDCPA lawsuits—four in this district, and one in the Southern District of New York.