Supreme Court Appears Deeply Divided Over Bankruptcy Proof of Claim Case

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.

Article Excerpt:

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.

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American Bar Association | Consumer Financial Services Committee Newsletter