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    Balancing Act: Supreme Court Rules That Filing a Proof of Claim for Stale Debt Does Not Violate the Fair Debt Collection Practices Act
    2017-05-24

    The U.S. Supreme Court has held that the filing of a proof of claim in bankruptcy proceedings with respect to time-barred debt is not a “false, deceptive, misleading, unfair, or unconscionable” act within the meaning of the Fair Debt Collection Practices Act (“FDCPA”) when there continues to be a right to repayment after the expiration of the limitations period under applicable state law. The Court’s decision in Midland Funding, LLC v.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, K&L Gates LLP, Bankruptcy, Debt, Unconscionability, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, United States bankruptcy court
    Authors:
    Phoebe S. Winder , Andrew C. Glass , Gregory N. Blase , Sean R. Higgins , David A. Mawhinney , Theresa A. Roozen , Brandon R. Dillman
    Location:
    USA
    Firm:
    K&L Gates LLP
    Supreme Court Holds That Filing of Bankruptcy Claim on Time-Barred Debt Does Not Violate FDCPA
    2017-05-30

    The United States Supreme Court recently held that a creditor who files a bankruptcy claim on a time-barred debt does not violate the Fair Debt Collection Practices Act (“FDCPA”). SeeMidland Funding, LLC v. Johnson, 137 S. Ct. 1407 (2017). In the case, the debtor filed for bankruptcy under Chapter 13 of the Bankruptcy Code, and the creditor filed a proof of claim asserting that it was owed credit card debt. However, the credit card had not been used in over ten years, outside Alabama’s six-year statute of limitations.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Riker Danzig LLP, Bankruptcy, Debtor, Debt, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, United States bankruptcy court
    Authors:
    Michael R. O’Donnell
    Location:
    USA
    Firm:
    Riker Danzig LLP
    Balancing Act: Supreme Court Rules That Filing a Proof of Claim for Stale Debt Does Not Violate the Fair Debt Collection Practices Act
    2017-05-24

    The U.S. Supreme Court has held that the filing of a proof of claim in bankruptcy proceedings with respect to time-barred debt is not a “false, deceptive, misleading, unfair, or unconscionable” act within the meaning of the Fair Debt Collection Practices Act (“FDCPA”) when there continues to be a right to repayment after the expiration of the limitations period under applicable state law. The Court’s decision in Midland Funding, LLC v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, K&L Gates LLP, Bankruptcy, Debt, Unconscionability, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, United States bankruptcy court
    Authors:
    Phoebe S. Winder , Andrew C. Glass , Gregory N. Blase , Sean R. Higgins , David A. Mawhinney , Theresa A. Roozen , Brandon R. Dillman
    Location:
    USA
    Firm:
    K&L Gates LLP
    U.S. Supreme Court Limits Availability of Civil Remedies Against Debt Collectors in Bankruptcy Proceedings
    2017-05-16

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debt, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, United States bankruptcy court
    Authors:
    Jeffrey S. Russell , Jonathan B. Potts
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Important U.S. Supreme Court Ruling Clarifies Proper Pursuit of Debt in Bankruptcy Proceedings
    2017-05-18

    Debt collectors scored a win on Monday when the United States Supreme Court ruled that pursuing stale debt is not a violation of the Fair Debt Collection Practices Act (“FDCPA”).

    The case of Midland Funding LLC v Aleida Johnson addressed an ongoing issue for creditors, debt collectors and consumers. As debts age, and are often sold, there remains a question of how far collectors may go to pursue payment on the debt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ulmer & Berne LLP, Credit card, Bankruptcy, Statute of limitations, Limited liability company, Debt, Legal burden of proof, Majority opinion, Fair Debt Collection Practices Act 1977 (USA), Trustee, Supreme Court of the United States, Eleventh Circuit
    Authors:
    Jennifer Monty Rieker , Reuel D. Ash
    Location:
    USA
    Firm:
    Ulmer & Berne LLP
    Filing a Proof of Claim for Debt That is Obviously Time-Barred Does Not Violate Fair Debt Collection Practices Act
    2017-05-15

    The Supreme Court of the United States held today that the filing of a proof of claim that is obviously time barred is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act (the "FDCPA").

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bowles Rice LLP, Debt, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, United States bankruptcy court
    Authors:
    Julia A. Chincheck , Daniel J. Cohn
    Location:
    USA
    Firm:
    Bowles Rice LLP
    U.S. Supreme Court Holds FDCPA Not Violated By Proof of Claim on Time-Barred Debt
    2017-05-15

    In a 5-3 decision handed down on May 15, the Supreme Court of the United States held that the federal Fair Debt Collection Practices Act (FDCPA) is not violated when a debt collector files a proof of claim for a debt subject to the bar of an expired limitations period. The decision:

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debt, Collection agency, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States
    Authors:
    Donald Maurice
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    In Win for Debt Buyers, Supreme Court Holds Filing Proofs of Claim in Bankruptcy on Stale Debts Does Not Violate FDCPA
    2017-05-16

    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.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Bankruptcy, Statute of limitations, Debt, Dissenting opinion, Collection agency, Unconscionability, Right to a fair trial, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, Eleventh Circuit
    Authors:
    Alan D. Leeth , Rachel R. Friedman
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Second Circuit Issues Reversal in Closely Watched Marblegate Case
    2017-01-24

    In a 2-1 opinion, the Second Circuit overruled the district court in Marblegate Asset Management LLC v. Education Management Corp., finding no violation of the Trust Indenture Act (“TIA”) in connection with an out-of-court debt restructuring.

    Background

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Dechert LLP, Bond (finance), Bankruptcy, Unsecured debt, Injunction, Statutory interpretation, Interest, Debt, Maturity (finance), Dissenting opinion, Debt restructuring, US Congress, Constitutional amendment, Second Circuit
    Authors:
    Dennis H. Hranitzky , Gary J Mennitt , Adam Silver , Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    7th Cir. Holds Judgment Against Bankruptcy Debtor’s Husband Did Not Violate Co-Debtor Stay
    2016-12-30

    The U.S. Court of Appeals for the Seventh Circuit recently held that a bank’s lawsuit against the husband of a debtor who had filed for bankruptcy did not violate the co-debtor stay because the husband’s credit card debts were not a consumer debt for which the debtor was personally liable.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Credit card, Bankruptcy, Debtor, Interest, Debt, Consumer debt, Marriage, US Code, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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