Eversheds Sutherland 11th Circuit Business Blog
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Filing Proof of Stale Claim in Chapter 13 Bankruptcy Held to Violate FDCPA

In the consolidated appeals of Johnson v. Midland Funding, LLC and Brock v. Resurgent Capital Services, L.P., Nos. 15-11240 and 15-14116, 2016 WL 2996372 (11th Cir. May 24, 2016), the Eleventh Circuit doubled down on its previous holding that filing “a proof of claim to collect a stale debt in Chapter 13 bankruptcy violates the Fair Debt Collection Practices Act,” Crawford v. LVNV...