Supreme Court Appears Deeply Divided Over Bankruptcy Proof of Claim Case
By: Caren D. Enloe
March 10, 2017
For those following the proof of claims on time-barred debt issue, below is a link to the article attorney Caren D. Enloe wrote for the American Bar Association on the oral arguments recently heard by the Supreme Court.
On January 17, 2017, the Supreme Court heard Midland Funding, LLC v. Johnson, No. 16-348 (argued Jan. 17, 2017). Its decision is anticipated to resolve a circuit split as to whether the filing of a proof of claim for time-barred debt violates the Fair Debt Collection Practices Act (the “FDCPA”) and whether the Bankruptcy Code precludes the FDCPA’s application to proofs of claim.
Click the link to view.
ABOUT THE AUTHOR
Caren Enloe is a partner who concentrates her practice in consumer financial services litigation and compliance, bankruptcy, and commercial litigation with an emphasis on creditor’s rights. She has a deep understanding of the complex compliance environment surrounding the financial services industry and regularly advises financial service companies on licensing and compliance issues involving state and federal consumer protection and finance statutes.
Ms. Enloe is the author of a daily blog titled: Consumer Financial Services Litigation and Compliance where she posts timely and informative updates regarding the CFPB, FTC, and a host of topical litigation issues involving consumer protection law.