Wednesday, May 17, 2017

Differing Views on Supreme Court Decision on Barred Claims in Bankruptcy and the FDCPA

The Supreme Court recently ruled that it was not an unfair and deceptive act under the Federal Fair Debt Collection Practices Act for a creditor to file a proof of claim in a Chapter 13 bankruptcy when the creditor knows the statute of limitations has run on the claim.

It's always interesting to read interpretations of this decision from opposing viewpoints, this one, from Inside Accounts Receivable Management, representing the creditor's side, and this one, from the National Consumer Law Center, representing the consumer's side. The NCLC's manuals relating to consumer law are excellent, if sometimes polemic. Their analysis of the Supreme Court case above seems in line with that. Tim Bauer, who wrote the article for InsideARM, is good but mostly indicates the decision is a 'win' (whatever that means) for creditors.

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