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

Wed Oct 12 11:55:13 MDT 2016

Thanks!

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: paulnjrosslaw at gmail.com [mailto:paulnjrosslaw at gmail.com] On Behalf Of Paul Ross
Sent: Wednesday, October 12, 2016 11:50 AM
To: D. Blair Clark
Cc: Aaron Tolson; Bankruptcy list
Subject: Re: [CLBS] Just in from the National Consumer Bankruptcy Rights Center

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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