Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

Crawford v. LVNV Funding, LLC, 2014 WL 3361266 (11th Cir. July 10, 2014) (Goldberg). The filing of a proof of claim in a Chapter 13 case to collect a debt that is stale under the state’s statute of limitations violates the Fair Debt Collection Practices Act and subjects the claimant to sanctions.

Case Summary

Stanley Crawford owed approximately $2,000 to Heilig-Meyers Furniture Company from furniture purchases and Heilig-Meyers had charged off the debt in 1999. Several . . .

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