[CLBS] Just in from the National Consumer Bankruptcy Rights Center

[Paul Ross]

Attached is a copy of the memorandum decision.

Paul

On Wed, Oct 12, 2016 at 11:40 AM, D. Blair Clark <dbc at dbclarklaw.com> wrote:

> Not on the website yet; was it an oral ruling?
>
>
>
> D. Blair Clark
>
> LAW OFFICES OF D. BLAIR CLARK PC
>
> 1513 Tyrell Lane, Suite 130
>
> Boise, ID 83706
>
> Phone:  208-475-2050
>
> Fax:  208-475-2055
>
>
>
> From: Aaron Tolson [mailto:ajt at aaronjtolsonlaw.com]
> Sent: Wednesday, October 12, 2016 11:28 AM
> To: D. Blair Clark
> Cc: clbs at admws.idaho.gov
> Subject: Re: [CLBS] Just in from the National Consumer Bankruptcy Rights
> Center
>
>
>
> Also locally I just heard Judge Pappas has ruled the child  tax credit is
> now exempt like eic.  Kudos go to Ryan Farnsworth.
>
>
>
> On Oct 12, 2016 11:24 AM, "D. Blair Clark" <dbc at dbclarklaw.com> wrote:
>
> Cert. Granted in FDCPA Case
>
> Posted by NCBRC - October 12, 2016
>
> The Supreme Court today granted certiorari in the case of Midland Funding,
> LLC. v. Johnson, No. 16-348, in which the Eleventh Circuit found that not
> only does a proof of claim on a time-barred debt violate the FDCPA, but the
> FDCPA claim is not in conflict with, nor is it precluded by, the Bankruptcy
> Code.
>
> This issue has been circulating in various forms throughout the courts as
> many debt collectors have made it a business practice to file proofs of
> claim in bankruptcy cases on debts they know to be time-barred and,
> therefore, uncollectible. Success of this practice depends upon the claim
> slipping past the debtor and his or her attorney, if the debtor is
> represented, as well as the bankruptcy trustee. In many cases, trustees
> have
> conceded that they do not routinely check proofs of claim for validity
> based
> on timeliness. NACBA has taken a stand on the issue, arguing that such
> practices violate the FDCPA and that the debtor can prosecute the FDCPA
> claim notwithstanding the existence of the bankruptcy action. Owens v. LVNV
> Funding, LLC, ___F.3d ___, 2016 WL 4207965 (7th Cir. Aug. 10, 2016); Nelson
> v. Midland Credit Management, Inc., ___ F.3d ___, 2016 WL 3672073 (8th Cir.
> July 11, 2016).
>
>
>
>
>
>
>
> D. Blair Clark
>
> LAW OFFICES OF D. BLAIR CLARK PC
>
> 1513 Tyrell Lane, Suite 130
>
> Boise, ID 83706
>
> Phone:  208-475-2050
>
> Fax:  208-475-2055
>
>
>
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