By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education On December 18, 2019, the Supreme Court granted the City of Chicago’s petition for certiorari, 2019 WL 6880702, from the decision of the Seventh Circuit at 926 F.3d 916 (7th Cir. June 19, 2019). The Seventh Circuit’s decision was analyzed in a prior article on this website. In its decision,...
Critical Case Comment
Print This Article
Link to Post:
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Broadrick v. LVNV Funding LLC (In re Broadrick) 532 B.R. 60 (Bankr. M.D. Tenn. June 19, 2015) (Mashburn): While filing of a proof of claim in a Chapter 13 case is not automatically a violation of the Fair Debt Collection Practices Act when the underlying debt cannot be collected because of an applicable statute of limitations, filing such a “stale” proof of claim is not necessarily protected from the FDCPA merely because it arises in a bankruptcy.
Case . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
In re Evans: Disgorging Chapter 13 Trustee Fees in Cases Dismissed Prior to Confirmation
New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer
Critical Case Comment– Secured Creditor Granted Relief from Stay. But, Wait There’s More . . . No Proof of Claim.
Practice Tips from Hon. Meredith Jury (Ret.)
Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions
Taxpayers Should Beware of Property Lien Scam
What to Do with the Dreaded Timeshare?
Representing Elderly Clients in Bankruptcy – Part 2 of 3
Supreme Court Grants Certiorari in City of Chicago v. Fulton
Bifurcated Fees Under Examination