WrestleMania: Who Wins When Consumer Protection Statutes Take On the Bankruptcy Code?
The FDCPA, FCRA, TILA, RESPA and the Bankruptcy Code often are incompatible with each other. Sometimes these conflicts are one-on-one, but often one of these statutes frustrates the purpose of two or more of the other statutes simultaneously. Bankruptcy exemptions and/or guidance are rare in the consumer-protection statutes, leaving it to practitioners and courts to attempt to harmonize the statutes and regulations. This panel focuses on competing statutes and regulations and how they are intertwined with the necessity for the consumer bankruptcy attorney to ensure that there is regulatory compliance. This panel will discuss not only winners and losers, but also how debtors’ counsel can best gird up for battles in the ring. This is a nuts-and-bolts approach to often-complicated arenas.