Tag Archive for: time barred debt

Crawford Claim For Time Barred Debts

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In Crawford v. LVNV Funding, LLC, the court held that a debt collector violates the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e, when it files a proof of claim in a bankruptcy case on a debt that it knows to be time-barred.  The court concluded that, although the Code allows all creditors to file proofs of claim in bankruptcy cases, the Code does not at the same time protect those creditors from all liability.  Debt collectors – may be liable under the FDCPA for bankruptcy filings they know to be time-barred.  http://law.justia.com/cases/federal/appellate-courts/ca11/15-11240/15-11240-2016-05-24.html

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

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Time Barred Debt in Chapter 13

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Debts that are past the statute of limitations are considered time-barred debts. The following case law  sho0ws that time-barred debts are not allowed in the Eleventh Circuit, which is Florida’s Circuit.

Crawford v. LVNV Funding LLC  785 F3d 1254 (11th Cir. July 10,2014) 

Proof of claim was filed on a time-barred debt in Chapter 13. this was a violation of  1692e- which prohibits  ” any false, deceptive, or misleading representation or means in connection with the collection of any debt” and Section 1692f which prohibits a debt collector from using ” unfair or unconscionable means to collect or attempt to collect any debt.”

Creditors filing bankruptcy proofs of claims will now be subject to the FDCPA, at least in the Eleventh Circuit, but there is renewed hope for certain defenses, such as the litigation privilege.

https://scholar.google.com/scholar_case?case=15631228362360253615&q=Crawford+v.+LVNV+Funding+LLC++785+F3d+1254+&hl=en&as_sdt=40006

Bazemore v Jefferson Capital Systems LLC  (SD Georgia, May 15,2015)

Jefferson motion to enforce arbitration was ruled groundless  with regards to the FDCPA claim.

https://scholar.google.com/scholar_case?case=10648902652621483690&q=Crawford+v.+LVNV+Funding+LLC++785+F3d+1254+&hl=en&as_sdt=40006

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: [email protected]