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IN RE BATE

Bankruptcy No. 8:10-18159-MGW. Adversary No. 8:10-ap-01289-MGW.

454 B.R. 869 (2011)

In re Opal V. BATE, Debtor. Opal V. Bate, Plaintiff, v. Wells Fargo Bank, N.A.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

June 22, 2011.

Attorney(s) appearing for the Case

Frank T. Papa, Esq., Law Offices of Robert M. Geller, P.A., Tampa, FL, for Debtor.

Fentrice D. Driskell, Esq., Carlton Fields, P.A., Tampa, FL, for Wells Fargo.

MEMORANDUM OPINION ON PREEMPTION BY NATIONAL BANK ACT OF FLORIDA CONSUMER COLLECTION PRACTICES ACT

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

The National Bank Act1 preempts state laws that prevent or significantly interfere with the exercise by national banks of their powers. The Florida Consumer Collection Practices Act2 applies generally to all creditors and prohibits inappropriate debt collection...

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