Bankruptcy is a protected legal right. Consumers have a right to a fresh financial start. Collection on properly discharged debts are illegal. Creditors, often unsatisfied by not being paid, continue to actively collect on discharged debt or continue to report discharged debts on consumer credit reports. When a claim for violation of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) is brought in federal Court, collection agencies have attempted to dismiss those claims and force the consumer to return to the bankruptcy court for any remedy. Unsatisfied, Hyde & Swigart challenged this practice and fought to keep those claims in federal Court, where the consumer could receive maximum compensation. The Court agreed with Hyde & Swigart in Forsberg v. Fid. Nat’l Credit Servs., 2004 U.S. Dist. LEXIS 7622 (S.D. Cal. 2004) and allowed FDCPA claims in violation of the bankruptcy stay to proceed in federal court.