From the Editor – Fair Debt Collections Practices Act

-

Link to Post:

By The Honorable William Houston Brown (Retired)

FDCPA not violated by proofs of claim for time-barred debts. Although the Chapter 13 debtor had standing to bring a claim for statutory damages under the FDCPA, despite having no actual damages, and the filing of a proof of claim is an action to collect a debt, the district court held that under Indiana law “a debt that has become uncollectible [due to the running of the statute of limitations] is not extinguished; the money is still owed and the FDCPA only regulates the remedies available to the . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

crist

Southern District of Ohio

June 1, 2025
New Judge Appointed
View Article

IRS Warns of Impersonation Email Scam; Reminds Taxpayers IRS Does Not Send Unsolicited Emails

August 25, 2019
On 8/22/19 the IRSe and its Security Summit partners warned taxpayers and tax professionals about a new IRS impersonation scam campaign spreading nationally on email. Remember: the IRS does not send unsolicited emails and never emails taxpayers about the status of refunds. The IRS detected this new scam as taxpayers began notifying phishing@irs.gov about unsolicited emails from IRS imposters. The...
View Article

Chapter 12 and Act2/Conference Update

August 18, 2019
By Rebecca Garcia and Jan Sensenich, Chapters 12 and 13 Standing Trustees The Association of Chapter 12 Trustees (ACT2) had a wonderful day and a half conference in advance of the NACTT Seminar on July 15 and 16 in Indianapolis. In addition to Trustee participants, we had judges, debtors, and creditors counsel and representatives attend and participate. We kicked off...
View Article

The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019

October 13, 2019
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Click here for Part I, Introduction to the 2019 Legislation Click here for Part II, Five Things a Trustee Should Know About SBRA Part III The Small Business Reorganization Act of 2019 (SBRA)1 is of interest to attorneys whose clients in troubled . . . It looks like you are...
View Article
Members
moran_cathy

Claim Preclusion and the Opportunities for Mischief

March 27, 2022
I’ve been having nightmares about the 9th Circuit’s decision in Siegel for 20 years. Broad strokes, Siegel (143 F.3d 525 (9th Cir. 1998) holds that a filed claim in a no asset bankruptcy case to which no one objects is entitled to preclusive effect in subsequent litigation by . . . It looks like you are not signed in or...
View Article
Members
leffler4

Here Comes the Sun—and the Lawsuits

July 26, 2026
Consumer bankruptcy lawyers are seeing clients with solar panel debt. In Part 1 of his article, Mark Leffler provides a background for multi-district class action litigation in Minnesota and other enforcement actions by Attorneys General in Minnesota and Virginia concerning the financing of rooftop solar panels. Part 2 of his article will appear next week, and in that Part the author examines legal issues underlying the fraud claims in the litigation.
View Article
Members
Ashley Curry Headshot

Sanctions in South Carolina

December 12, 2021
In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding. Ruling on a Motion for Sanctions in James Defoe v. Winyah Surgical Specialists, P.A. doing business as Winyah Surgical Specialists (In re Defoe), 632...
View Article
Members

Millions of ITINs Set to Expire in 2019; IRS Says Renew Early to Prevent Refund Delays

June 23, 2019
Nearly 2 million Individual Taxpayer Identification Numbers (ITINs) are set to expire at the end of 2019 as the IRS continues to urge affected taxpayers to submit their renewal applications early to avoid refund delays next year. “We urge taxpayers with expiring ITINs to take action and renew the number as soon as possible. Renewing before the end of the...
View Article

Assessable Yet Not Assessed Taxes Could Cost You a Malpractice Claim

August 1, 2021
By Cathy Moran, Esq., (Redwood City, CA) Eighteen years elapsed between the close of the 2003 tax year and the Tax Court’s 2021 decision Barnes v. Comm'r, T.C. Memo. 2021-49 (U.S.T.C. May 4, 2021) regarding the debtors’ 2003 tax liability. While the most recent decision in the debtors’ battle with the IRS challenged the discretion of a tax officer in...
View Article
Members
Consumer Bankruptcy Education

Featured Webinar

October 27, 2024
In August, Chapter 13 Trustees Jody Bledsoe and Thom Hooper delivered an exceptional deep dive into claims and the claims process. If you're an Academy subscriber and missed it, catch up now!
View Article
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government