From the Editor

From the Editor – Claims and Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

Filing proofs of claim for time-barred debt violated Fair Debt Collections Practices Act, or maybe not. Continuing the split of authority on the issue, the bankruptcy court denied a defendant’s motion to dismiss the debtor’s complaint alleging that the filing of proofs of claim for time-barred debts violated the FDCPA. Under Seventh Circuit authority, the FDCPA and the Bankruptcy Code are not in irreconcilable conflict, and the bankruptcy court held that filing a proof of claim is an act to collect a debt for purposes . . .

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302...

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From the Editor – Claims and Fair Debt Collection Practices Act

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Related Articles

Critical Case Comment – No Such Thing as “Technical” Violation of the Stay

Here’s How a Name Change Affects a Tax Return

From the Editor

The Complex World of Interspousal Claims in Bankruptcy

Duty to Disclose Substantial and Unanticipated Changes in Debtor’s Financial Condition

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Critical Case Comment

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