The Fair Debt Collection Practices Act Applies to Late Proofs of Claims!

Finding Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. July 10, 2014) “particularly persuasive” on an issue on which debtors have had difficulty getting traction, the district court held that a creditor’s filing a proof of claim for a time-barred debt in a bankruptcy case may violate the Fair Debt Collection Practices Act, and that the Bankruptcy Code did not preclude the application of the Act to time-barred proofs of claim. Patrick v. Pyod, LLC, — F.Supp.2d —-, 2014 WL 4100414 (S.D. Ind. Aug. 20, 2014) (case no. 1:14-cv-539).

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