In United States v. Brumbaugh, the US Court of Appeals for the Ninth Circuit held that under the Federal Debt Collection Procedures Act (FDCPA), a district court has a mandatory duty to transfer a proceeding upon the debtor’s timely request under section 3004(b)(2), and that the proper remedy where a transfer request was improperly denied is to vacate the district court’s order, rather than review for harmless error, because a violation of section 3004(b)(2) necessarily affects the debtor’s “substantial rights.”
Source link
District Court has a Mandatory Duty to Transfer Proceedings Under Section 3004(b)(2) of the FDCPA: Ninth Circuit
