From the Editor - Claims and Fair Debt Collection Practices Act • NACTT Academy

From the Editor – Claims and Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

FDCPA suit dismissed. A district court in the Eleventh Circuit dismissed a debtor’s FDCPA suit, distinguishing Crawford v. LVNV Funding from that Circuit. The court essentially held that objecting to a time-barred proof of claim was a simple procedure in bankruptcy, compared to filing a FDCPA complaint, which undermined the Bankruptcy Code’s claims process. An irreconcilable conflict existed between the Bankruptcy Code and FDCPA, so that the FDCPA claims were precluded by the Code. Mears v. LVNV Funding LLC, 541 B.R . . .

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