Take a good look at who is filing a proof of claim

[keepmine]

This from the 11th circuit. Somebody may be writing you a check.

http://media.ca11.uscourts.gov/opinions/pub/files/201312389.pdf

[dmc-2008]

This from the 11th circuit. Somebody may be writing you a check.

http://media.ca11.uscourts.gov/opini.../201312389.pdf

Laymans terms please! :-)

[LadyInTheRed]

Laymans terms please! :-)

The 11th Circuit Court of Appeals ruled that it is a violation of the Federal Fair Debt Collection Practices Act for a debt collector to file a proof of claim in Bankruptcy Court for a debt that is past the statute of limitations.

[justbroke]

It's an interesting precedent for Florida, Alabama and Georgia since most bankruptcy courts don't like FDCPA claims unless they are related to dischargeability or the automatic stay. However, this debtor filed in the District Court (the U.S. Federal Court that hosts the Bankruptcy Court) and the District Court also denied the debtor any relief. On appeal to the 11th Circuit, the court found that the debtor did have an FDCPA claim because the creditor acted to collect a debt that they otherwise could not collect (by filing the claim in the bankruptcy).

I don't think this would work inside a "core" bankruptcy case, but it could work as a separate complaint directly to the District Court.

[dmc-2008]

The 11th Circuit Court of Appeals ruled that it is a violation of the Federal Fair Debt Collection Practices Act for a debt collector to file a proof of claim in Bankruptcy Court for a debt that is past the statute of limitations.

Thank you!