FDCPA and Bankruptcy

The interplay between the FDCPA and the Bankruptcy Code is fertile ground for litigation.  The 11th Cir. had previously ruled that filing a Proof of Claim on a time-barred debt was an FDCPA violation.  Other District Courts have disagreed.

Now, the District Court for the Southern District of Indiana has followed the 11th Cir. decision.  They have also stayed their ruling so that the Defendant can pursue an Interlocutory appeal to the 7th Circuit.  This will be one to watch as the 7th Cir. decisions on the FDCPA are highly influential on other circuits.

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About dknights

Attorney, Kentucky
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