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From the Editor – Claims and Fair Debt Collection Practices Act
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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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