This week, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017), holding that a debt collector does not violate the Fair Debt Collection Practices Act (FDCPA) by filing an “obviously time-barred” proof of claim in a bankruptcy proceeding. This case should stem the tide of FDCPA lawsuits against debt collectors for efforts to collect potentially time-barred debts in bankruptcy proceedings.
USA, Company & Commercial, Insolvency & Restructuring, Litigation, BakerHostetler, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States
On May 15, 2017, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017) in which it held that filing an “obviously time-barred” proof of claim in a bankruptcy proceeding does not violate the Fair Debt Collection Practices Act (FDCPA).
USA, Company & Commercial, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States