In Re Sanchez

Edward A. Treder, Robert E. Weiss Inc., Covina, CA, for appellees.

HAMILTON, District Judge.

Before the court is an appeal from a judgment entered in the United States Bankruptcy Court for the Northern District of California dismissing appellant's adversary complaint for failure to state a claim. Having read the parties' papers and carefully considered their arguments and the relevant legal authority, the court hereby REVERSES the bankruptcy court for the following reasons

Appellant Charae Sanchez ("Sanchez"), debtor in a bankruptcy proceeding pending before Chief Bankruptcy Judge Edward J. Jellen of this district, filed an adversary complaint in the United States Bankruptcy Court where her Chapter 13 bankruptcy case was pending. Sanchez alleged that the attorneys who represented her mortgage lender had violated certain provisions of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 , et seq. ("FDCPA") in the course of foreclosing on her residence. Her claims arose from a debt validation notice sent by appellees as required by 15 U.S.C. § 1692g. She alleged that the debt validation notice falsely informed her that she could dispute the validity of the debt only by…