Wan

ORDER

This action is an appeal from a final order of the United States Bankruptcy Court for the Northern District of California, the Honorable Dennis Montali presiding. In relevant part, the order dismissed appellant Danny Wan’s counterclaims under the Fair Debt Collection Practices Act in an adversary proceeding filed by appel-lees. For the reasons set forth below, the order of the bankruptcy court is AFFIRMED.

I

Appellant Danny Wan (“Wan”) filed for Chapter 7 bankruptcy in the Northern District of California on May 29, 2003. Doc # 7 [Appellee’s Brief] at 3. On July 11, 2003, Wan filed a motion to Convert Case to Chapter 13, which was granted on July 17, 2003. Id at 3-4. On July 15, 2003, the attorney for defendant Greenwood Trust Company (“Greenwood”), for which defendant Discover Financial Services is a servicing agent, sent a letter to Wan’s bankruptcy attorney (“the Letter”). Id. The Letter advised Wan’s attorney that Greenwood was investigating whether to com- menee an adversary proceeding pursuant to 11 U.S.C. § 523 (a) for non-discharge-ability of a debt on the basis that Wan did not intend to repay the charges at the time they were made. See Record on Appeal (Letter…