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

From the Editor – Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

Section 727 complaint was not informal proof of claim. Creditors that filed a complaint for denial of discharge but did not file a timely proof of claim alleged that the complaint was an informal proof of claim, but under the Tenth Circuit’s test, the complaint did not make demand on the bankruptcy estate for payment. Denial of discharge is unrelated to the claims allowance process, and the complaint did not serve as an informal proof of claim. In re McCutchen, _____B.R._____, 2015 WL 5333485 . . .

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