Cert. Denied in LVNV v. Crawford

Posted by NCBRC - April 20, 2015

The Supreme Court has declined to take up the issue of whether filing a stale proof of claim in a bankruptcy case violates the FDCPA.  Previously, the Eleventh Circuit found that a proof of claim to collect a stale debt in chapter 13 violates the Fair Debt Collection Practices Act.  In Crawford, however, the Eleventh Circuit side-stepped the issue of whether an irreconcilable conflicts exists between the Bankruptcy Code and the FDCPA, such that creditor’s conduct in bankruptcy would not be actionable under the FDCPA.

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One Comment

  • Brad
    Posted April 24, 2015 at 1:04 am | Permalink

    I was recently denied a CH.7 filing after the case being determined an asset case. After meeting with examiners in SC for the standard drilling of questions. I could not get the examiner to understand private loans I had received as payback for loans I made to friends and family when I was doing well was not “income” These loans helped me survive while trying to defend myself and company in a 5 year real estate legal case. My lawyer informed me the day I was denied by the examiner that she had never represented a client who had been denied. Even though interviewing her prior, she told me she was a former Trustee in a different state. Needless to say, out of fear I declined to argue the denial because of the fact the examiners could not grasp simple financial concepts like loan repayment not being income and the rest of my situation was even more complex. No confidence in the system after this debacle. Do I have recourse over my lawyer for not representing her experience properly? I have lost millions over this and feel I have no place left to turn. Thanks for taking the time to read. Sorry so wordy!!

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