Supreme Court Hears Argument on Stale Claims and FDCPA

Tuesday, January 24, 2017

As reported on our blog (here and here), the Eleventh Circuit ruled that filing a time barred proof of claim does not violate the Fair Debt Collection Practices Act, an issue which has divided courts and Courts of Appeals. The Supreme Court heard argument on this issue on January 17, 2017. The transcript can be found here.

The advocates faced some tough question about the issues presented as well as the spirit and purpose of the Bankruptcy Code itself. This is bound to be an interesting opinion. We will keep you posted.

For any assistance with filing claims in bankruptcy cases, contact Preti Flaherty’s Bankruptcy, Creditors’ Rights, and Restructuring Practice Group.

Anthony Manhart is a Partner at Preti Flaherty and serves as Co-Chair of the Bankruptcy, Creditors' Rights and Restructuring Group. His practice focuses on bankruptcy and creditors' and debtors' rights, representation of Chapter 7 trustees and various parties in formal insolvency and collection proceedings and out-of-court workouts. He also serves on the Panel of Chapter 7 Trustees for the District of Maine.

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