Filing a proof of claim with a bankruptcy court representing a debt subject to an expired state law limitations period does not violate the federal Fair Debt Collection Practices Act (FDCPA) under an opinion released yesterday from the Seventh Circuit Court of Appeals.
Under the ruling, in Owens v. LVNV, the Seventh Circuit joins the Eighth Circuit Court of Appeals in rejecting the Eleventh Circuit’s holding under Crawford v. LVNV that such proofs of claim violate the FDCPA.
USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Debt, Fair Debt Collection Practices Act 1977 (USA), United States bankruptcy court, Seventh Circuit