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Proofs of Claim and Time Barred Debts

Proofs of Claim and Time Barred Debts

May 19th, 2017 by lawfirm

Does a debt collector violate the Fair Debt Collection Practices Act if that debt collector files a proof of claim in a bankruptcy case based on a time barred debt? The Supreme Court of the United States ruled on May 15, 2017, that the filing of a proof of claim by a debt collector in a bankruptcy case on a time barred debt does not provide a basis for a claim under the Fair Debt Collection Practices Act (15 U.S.C. § 1692(e) and (f)). The case is Midland Funding, LLC v. Johnson, _ U.S. _ (2017).

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