Archive for Bankruptcy

7th Circuit Rules Secured Creditor Must File Timely Claim to Receive Chapter 13 Plan Distributions

The U.S. Court of Appeals for the Seventh Circuit recently held that a secured creditor must file its proof of claim no later than the 90-day deadline under Federal Rule of Bankruptcy Procedure 3002(c) in order to receive distributions under a Chapter 13 plan of reorganization. A copy of the opinion is available here:  Link to

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11th Circuit Holds Filing a Proof of Claim on Time-Barred Debt Violates FDCPA

Addressing what it termed “a deluge [that] has swept through U.S. bankruptcy courts of late” the 11th Circuit Court of Appeals in Crawford v. LVNV Funding, LLC  held that filing a proof of claim on time barred debt is conduct that violates the Fair Debt Collection Practices Act (“FDCPA”). Background The last payment on the

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Bankruptcy Discharge Cannot Form the Sole Basis of an FDCPA Claim

The FDCPA does not serve as a “back door” which would allow such a private right of action [for a bankruptcy discharge violation].