The Supreme Court will decide this term whether the Bankruptcy Code impliedly repealed the federal Fair Debt Collection Practices Act, or FDCPA, and whether the filing of a knowingly time-barred proof of claim violates the FDCPA, according to today’s Rochelle’s Daily Wire. In Midland Funding LLC v. Johnson, the Supreme Court granted certiorari on Oct. 11 to resolve a split among the circuits. In Johnson, the Eleventh Circuit held in May that the later-adopted Bankruptcy Code did not impliedly repeal the FDCPA. The decision was no surprise because the Eleventh Circuit had held in 2014 in Crawford v. LVNV Funding LLC that filing a stale claim barred by a statute of limitations violates the FDCPA. In Crawford, the appeals court had not reached the issue of implied repeal. The issues are “exceptionally important,” Daniel Geyser told ABI in an e-mailed message, because these “questions have hopelessly divided the courts.” Geyser, of Los Angeles, represents the debtor in Johnson. Read more.
Top case analysis delivered daily. Sign up today for Rochelle's Daily Wire.
