The United States Bankruptcy Appellate Panel for the Eighth Circuit recently held that filing a proof of claim on a time-barred debt is not, alone, a prohibited debt collection practice under the federal Fair Debt Collection Practices Act.
A copy of the opinion is available at: Link to Opinion.
USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Debt, Debt collection, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
The U.S. Court of Appeals for the Seventh Circuit recently held that a secured creditor must file its proof of claim no later than the 90-day deadline under Federal Rule of Bankruptcy Procedure 3002(c) in order to receive distributions under a Chapter 13 plan of reorganization.
A copy of the opinion is available here: Link to Opinion.
USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Secured creditor, Title 11 of the US Code, United States bankruptcy court, Seventh Circuit