asserted to be owed or due to another ... which was not in default at the time it was obtained by such person. 15 U.S.C. § 1692a(6). Thus, “a creditor is not a debt collector under the FDCPA ... [n]or is the assignee of a debt that was not in default at the time it was assigned.” Joyner v. MERS, 451 Fed.Appx. 505, 507 (6th Cir.2011) (citations omitted). This provision is based on the premise that “[a]n entity that acquires a current, non-defaulted debt in order simply to continue servicing it ‘is acting much like the original creditor that created the debt. On the other hand, if it simply acquires the debt for collection, it is acting more like a debt collector.’ ” Sullivan v. OcWen Loan Servicing, LLC, No. 08-cv-02079, 2009 WL 103681, at *2 (D.Colo. Jan. 14, 2009) (citations omitted) (<HOLDING>). Plaintiffs bear the burden of establishing
holding that back rent is debt under the fdcpa holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt holding that where the defendant obtained a nondefaulted debt under the mistaken belief that the debt was in default and where the defendants subsequent collection activities were based on that mistaken belief the defendant was a debt collector for purposes of the fdcpa holding that the name under which a debt collector is licensed to do business is the debt collectors true name for purposes of the fdcpa