Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)

There is no irreconcilable conflict between the FDCPA and the Bankruptcy Code and, accordingly, although a claim may be filed in a bankruptcy case, consequences of filing a claim that violates the FDCPA can subject the creditor filing the claim to sanctions. Johnson v. Midland Funding, LLC, 2016 WL 2996372 (11th Cir. May 24, 2016) (Martin)

Case Summary

Two years ago, the Eleventh Circuit decided the case of Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir . . .

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