In Midland Funding, LLC v. Johnson, No. 16-348, the Supreme Court is consider two questions: whether filing a claim on a stale debt violates the FDCPA and whether the Bankruptcy implicitly repeals the FDCPA in this context, according to an analysis from ABI Resident Scholar Prof. Andrew B. Dawson. The Supreme Court recently heard the appeal on oral argument, with the Justices’ questions focusing primarily on the first issue. Although it is always risky to predict outcomes based on oral argument, it is nonetheless informative to consider the concerns expressed by the Justices, both for this case and for the next FDCPA challenge the Court has agreed to hear. Click here to read the full analysis from Prof. Dawson.
