The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
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.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor – Claims and Fair Debt Collection Practices Act
Print This Article
Link to Post:
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 . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Bulletin: SBRA Postscript, the Definition of Income, and Changes to Section 1113(b)(1)(B) and (C)
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
A Few of Our Favorite (Chapter 13) Things
Critical Case Comment – Free Parking
Avoidance Powers in Chapter 13 – Part 4 of 6
Critical Case Comment–The Not DSO POC
Evictions in Ohio, Kentucky, Michigan and Tennessee May Go Forward? Sixth Circuit Says CDC’s Eviction Moratorium Exceeded Its Authority
Making Sense of the Means Test
Here’s What People Should Know About Taking Early Withdrawals from Retirement Plans
Some Basics You Always Wanted to Know About the FCRA But Were Too Embarrassed to Ask