Supremes Will Address Whether Proofs Of Claim For Time-Barred Debts Violate The Fair Debt Collection Practices Act

LexisNexis (December 26, 2016, 3:20 PM EST) -- This term, the United States Supreme Court takes up the issue of whether a “debt collector” who files a proof of claim based on a debt that may no longer be enforced because of applicable statutes of limitation violates the Fair Debt Collection Practices Act (“FDCPA”). 

The factual scenario which gives rise to this dispute occurs with apparent frequency: a debtor files bankruptcy and the requirements for creditors to file proofs of claim is triggered.  A debt collector files a proof of claim based on an...
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