Rachel Friedman

Burr & Forman

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In Win for Debt Buyers, Supreme Court Holds Filing Proofs of Claim in Bankruptcy on Stale Debts Does Not Violate FDCPA

In Midland Funding, LLC v. Johnson, the U.S. Supreme Court held that a debt collector does not run afoul of the FDCPA by filing a proof of claim in bankruptcy on a stale debt. In its 5-3 decision, the Court sided with the...more

5/16/2017 / Bankruptcy Code , Chapter 13 , Consumer Bankruptcy , Debt Buyers , Debt Collection , FDCPA , Midland Funding v Johnson , Proof of Claims , SCOTUS , Time-Barred Debt

Fourth Circuit Falls in Line with Second and Eighth Circuits Holding that Filing a Proof of Claim on a Time-Barred Debt Does Not...

In Dubois v. Atlas Acquisitions LLC, Case No. 15-1945 (4th Cir. Aug. 25, 2016), the Fourth Circuit Court of Appeals held in a 2-1 decision that filing proofs of claim on time-barred debts does not violate the Fair Debt...more

8/31/2016 / Chapter 13 , Consumer Bankruptcy , Debt Collection , FDCPA , Proof of Claims , Time-Barred Debt

Alabama Bankruptcy Court Holds That Filing Proof of Claim for Time-Barred Debt Cannot Give Rise to FDCPA Claim or Sanctions

In Jenkins v. Midland Credit Management, Inc., the U.S. Bankruptcy Court for the Northern District of Alabama held that the filing of a proof of claim based on a time-barred debt cannot give rise to a claim for damages under...more

9/23/2015 / Bankruptcy Code , Consumer Bankruptcy , Debt , Debt Collection , Debt Collectors , FDCPA , Midland Funding , Proof of Claims , Sanctions , Unfair or Deceptive Trade Practices

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