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Proofs of Claim

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SCOTUS Says Filing Time-Barred Proofs of Claim Subject to Bankruptcy Code Only, Not the FDCPA

by Scott J. Hyman |

In  Midland Funding, LLC v. Johnson, the SCOTUS held that allowing bankrupt debtors to invoke the FDCPA would upset a “delicate balance” and “authorize a new significant bankruptcy-related remedy in the absence of language in the [Bankruptcy] Code providing for it.”  Instead, barring debt collectors from filing stale claims would require creditors to investigate the merits of affirmative defenses. “The upshot… Read More

District Court (Ind.) Finds that FDCPA Prohibits Filing False Proofs of Claim in Bankruptcy Court

by Scott J. Hyman |

In Grandidier v. Quantum3 Group, LLC, 2014 WL 6908482 (S.D.Ind. 2014), Judge Young found that the FDCPA prohibits filing proofs of claim in bankruptcy court on debts that would be barred by the statute of limitations. The Eleventh Circuit recently decided a case nearly identical to the one before the court. See Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir.2014).… Read More

9th Cir. BAP Allows Secured and Unsecured Claims under Penrod; Says Unsecured Claim is Not Zero

by Scott J. Hyman |

In In re Johnson, 2014 WL 6953306 (9th Cir.BAP 2014), the 9th Cir. BAP applied In re: Penrod to bifurcate secured and unsecured claims on an automobile subject to a retail installment sales contract, but found that the unsecured claim should not be reduced to zero. On August 3, 2012, Johnson purchased a 2013 Hyundai Accent from Win Hyundai Carson. Win Hyundai financed… Read More