Legal Opinion
Broadrick v. LVNV Funding LLC (In re Broadrick)
United States Bankruptcy Court, M.D. Tennessee
Decided June 19, 2015No. Case. No. 3:14-bk-00672; Adv. Proc. No. 3:14-ap-90357PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
Randal S. Mashburn, U.S. Bankruptcy Judge
Filing a proof of claim in bankruptcy court is not automatically a violation of the Fair Debt Collection Practices Act (“FDCPA”) when the underlying debt cannot be collected because of an applicable statute of limitations.' However, a so-called “stale” proof of claim is not necessarily protected from FDCPA exposure' merely because it arises in the bankruptcy setting. Specific facts matter. Based on the stipulated facts of this ease, a violation of the FDCPA is not apparent.
Courts are divided whether FDCPA liability is triggered when a…
2Cases cited61 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- United States v. Borden Co.Supreme Court of the United States · 1939
- Taft Broadcasting Company v. United StatesCourt of Appeals for the Sixth Circuit · 1991
56 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Casamatta v. Resurgent Capital Services, L.P. (In re Freeman-Clay)United States Bankruptcy Court, W.D. Missouri · 2017
- Gatewood v. CP Medical, LLC (In re Gatewood)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
- Glenn v. Cavalry Investments LLC (In re Glenn)United States Bankruptcy Court, N.D. Illinois · 2016
- Martel v. LVNV Funding, LLC (In re Martel)United States Bankruptcy Court, D. Maine · 2015
- Feggins v. LVNV Funding LLC (In re Feggins)United States Bankruptcy Court, M.D. Alabama · 2015
3 more not listed; retrieve them via the Exa API.