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Category Archives: Proof of Claim

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We Said It Once and We’ll Say It Again – Debt Collectors Face FDCPA Liability for Filing Time-Barred Proofs of Claim

Posted in Circuit Split, FDCPA, Proof of Claim
In 2014, the Eleventh Circuit Court of Appeals released its highly-controversial opinion in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014), becoming the first circuit to rule that a debt collector violates the FDCPA when it files a proof of claim in a bankruptcy case on a time-barred debt. The collection industry… Continue Reading

Feeling Comfortable Using Legal Jargon in Everyday Life

Posted in Bankruptcy Trends, Chapter 11, Proof of Claim
While I thought that only a Kentucky senator would object to his own legislation, Chapter 11 debtors in the Eighth Circuit must object to their own plan to have person-aggrieved standing for an appeal.  In O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.), the court affirmed the BAP’s dismissal of the appeal for… Continue Reading

Indiana Bankruptcy Court Sanctions Creditors For Being Bad at Math

Posted in Bankruptcy Trends, FDCPA, Proof of Claim
Adding to the apparent deluge of issues surrounding the Eleventh’s Circuit decision in Crawford v. LVNV Funding, LLC, the Bankruptcy Court for the Northern District of Indiana has sanctioned two creditors for not being able to do math.  More accurately, the Sekema court awarded sanctions of $1000 for no-showing a show-cause hearing to explain why… Continue Reading

Am I The Creditor’s Authorized Agent? (Or: The Article That Ensured I Will Never Sign a Proof of Claim)

Posted in Proof of Claim
Jonathan Young and Dana Hefter wrote a great article in the August 2014 ABI Journal examining In re Rodriguez, Adv. No. 11-07012 (S.D. Tex. June 5, 2013), in which Judge Isgur held that an attorney signing a proof of claim on behalf of a creditor became a fact witness, and consequently waived attorney-client privilege and work product… Continue Reading

EDKY: FDCPA Does Not Apply to Proof of Claim

Posted in FDCPA, Proof of Claim
A couple of weeks ago, Bankruptcy Judge Wise wrote an opinion holding that the Fair Debt Collection Practices Act was inapplicable to representations made in bankruptcy proofs of claim. In Mallard v. Wynn-Singer, the claimant filed a proof of claim and included a host of unredacted medical billing documents containing highly-sensitive information about the debtor’s… Continue Reading