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)

Objection to stale proof of claim not barred by res judicata effect of confirmation. Following confirmation, the debtors objected to the proof of claim filed by LVNV Funding on the basis of the claim being time barred, and LVNV responded that the confirmed plan barred objection, relying on Covert v. LVNV Funding, LLC, 779 F.3d 242 (4th Cir. 2015). The bankruptcy court found that this plan contained a reservation of rights clause, which was part of the district’s form plan, and the clause was specific . . .

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