Posts tagged Jenkins v. Midland Credit Management.
In Jenkins v. Midland Credit Management, Inc.,[1] the U.S. Bankruptcy Court for the Northern District of Alabama held that the filing of a proof of claim based on a time-barred debt cannot give rise to a claim for damages under the Fair Debt Collection Practices Act ("FDCPA"), reasoning that any such claim is precluded by the Bankruptcy Code's comprehensive claims-allowance procedure. The court further held that the filing of a proof of claim on a stale debt does not merit sanctions under Bankruptcy Rule 9011 where the proof of claim is filed in compliance with the Code. Accordingly, the ...
Tags: bankruptcy, Bankruptcy Code, Bankruptcy Rule 9011, burr forman, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, debt collection, fair debt collection practices act, fdcpa, Jenkins v. Midland Credit Management, Johnson v. Midland Funding, U.S. Bankruptcy Court for the Northern District of Alabama