Bankruptcy and the FDCPA

A decision of a Federal Court for the Southern District of Indiana has held that the filing of a Proof of Claim on a time barred claim can be pursued as an FDCPA violation.  The 2nd and 9th Circuits have previously held that such an act has to pursued only as a violation of the Bankruptcy Code, not as an FDCPA violation.

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About dknights

Attorney, Kentucky
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