Supreme Court Reverses Eleventh Circuit: Debt Collectors Can File Proofs of Claim On Stale Debt Without Violating FDCPA

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In a 5-3 decision written by Justice Stephen G. Breyer last week, the Supreme Court of the United States ruled that the Eleventh Circuit erred when it found that Midland Funding, one of the nation’s largest purchasers of unpaid debt, was potentially liable under the FDCPA for filing proofs of claim in Bankruptcy Court relating to time-barred credit card debt.1 Writing for the majority, Justice Breyer said that the filing of an accurate proof of claim that is obviously time-barred “is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act.” Rather, Midland’s proof of claim falls within the U.S. Bankruptcy Code’s definition of the term, “claim,” which means “right to payment,” Justice Breyer said.

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