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CEB Prac. Guide § 2A.05 -- Statutory Background and Pre-emption -- Relationship between State and Federal FDCPA and Federal Bankruptcy Code -- State Court Standing for Chapter 7 Debtors

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District Court (NY) Holds that FDCPA Class-Rep. Has Standing Following Chapter 7 Bankruptcy Because She Adequately Disclosed the Claim in Her Schedules; Says Collection Letter was Deceptive Because it Failed to Disclose that Interest Would Accrue

by Scott J. Hyman |

In Roth v. Solomon & Solomon, P.C., 2018 WL 718402, at *4–6 (E.D.N.Y., 2018), Judge Seybert denied a debt collector's motion to dismiss an FDCPA class action.  First, Judge Seybert held that the Plaintiff's bankruptcy did not deprive her of standing to sue. Here, after receiving the Letter, Plaintiff filed for bankruptcy but did not initially disclose her FDCPA claim… Read More

11th Cir. Finishes What It Started in Crawford; Finds No Irreconcilable Conflict Between the Federal Bankruptcy Code and the FDCPA for Regulation of Debt Collectors Filing Time-Barred Proofs of Claims in Bankruptcy

by Scott J. Hyman |

In Johnson v. Midland Funding, LLC, 2016 WL 2996372, at *1 (C.A.11 (Ala.), 2016), the Court of Appeals for the 11th Circuit affirmed its previous ruling in Crawford -- namely, that the FDCPA prohibits a debt collector from filing proofs of claim for time barred debts. Under the Bankruptcy Code (“Code”), a “creditor ... may file a proof of claim” in a… Read More