In Supreme Court Restores Order to Bankruptcy Claims Process, Dominczyk writes that the Supreme Court’s recent decision in Midland Funding, LLC v. Johnson has brought clarity to the application of the FDCPA to proofs of claim in chapter 13 cases.
“In the end, the majority held that ‘filing a proof of claim that is obviously time barred is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the FDCPA.’ This opinion restores order among the circuits and requires the Eleventh Circuit to fall in line with the Second, Third, Fourth, Seventh, Eighth, and Ninth Circuits when it comes to the application of the FDCPA to proofs of claim,” writes Dominczyk.
Thomas R. Dominczyk is a principal of Maurice Wutscher LLP. He focuses his practice on various aspects of financial services law, with an emphasis on consumer financial services litigation. He is based in the firm’s New Jersey office and supports the firm’s litigation matters in its New York and Pennsylvania offices.
Business Law Today is published by the American Bar Association’s Business Law Section.