Tag Archives: bankruptcy

FDCPA and Bankrupcty

The 8th Circuit joins the 2nd Circuit in holding that filing a proof of claim on time-barred debt isn’t an FDCPA violation. See here. This is in contracts to the holding of the 11th Circuit which holds that it is.  Clearly … Continue reading

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More bankruptcy

A Federal District Court in MO holds that filing a proof of claim on time barred debt is not an FDCPA violation.  Surely this will soon be decided by the Supreme Court

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More on time barred proofs of claim

The 8th Circuit has weighed in, and come down on the side of the creditor.  Given the opposite rulings out of the 7th Circuit, we have a split, which may mean we have another FDCPA case ready for the Supreme … Continue reading

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The ongoing bankruptcy saga

Another Federal District Court, this time the E.D of PA, weighs in on the issue of whether or not filing a proof of claim on time-barred debt is an FDCPA violation.  The case does a good job of analyzing the … Continue reading

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Proofs of Claim on time-barred debt, round two

An Illinois Federal District Court rules that filing a PoC on time-barred debt is not an FDCPA violation.  This creates an in-circuit split in the 7th Circuit on this issue.  See my previous post.

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Proofs of Claim on time-barred debt

The 11th Circuit has previously ruled that filing a proof of claim on time-barred debt is an FDCPA violation.  The 7th Circuit may well follow suit if this District Court decision is any indication.

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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 … Continue reading

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