From the Editor – Fair Debt Collection Practices Act • NACTT Academy

From the Editor – Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

FDCPA not violated by proof of claim for time-barred debt. The district court in Alabama distinguished the Eleventh Circuit’s Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014), holding that unless the expiration of the limitations period extinguished the debt under applicable state law, the Bankruptcy Code permits the filing of a proof of claim, with the court construing the broad definition of a claim under § 101(5)(A). A direct conflict was found, therefore, between the Code and the FDCPA, with . . .

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