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Jul 10, 2014

Attempting to Collect A Time-Barred Consumer Debt in Bankruptcy Violates the Fair Debt Collection Practices Act

Stanley Crawford owed a debt to a furniture company; but, that debt was unenforceable because collection was barred by the applicable state statute of limitations. Another party purchased that debt from the furniture company. When Mr. Crawford filed a Chapter 13 bankruptcy petition, the holder of that time-barred debt filed a proof of claim in bankruptcy court in an effort to collect that debt. Mr. Crawford alleged that the party that had filed the proof of claim violated the Fair Debt Collection Practices Act (FDCPA) by asserting a time-barred claim. United States Court of Appeals for the Eleventh Circuit concluded… Read more