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Midland Funding, LLC v. Johnson, No. 16-348

Term
Issue

(1) Whether the filing of an accurate proof of claim for an unextinguished time-barred debt in a bankruptcy proceeding violates the Fair Debt Collection Practices Act; and (2) whether the Bankruptcy Code, which governs the filing of proofs of claim in bankruptcy, precludes the application of the Fair Debt Collection Practices Act to the filing of an accurate proof of claim for an unextinguished time-barred debt.

Analysis from ABI Resident Scholar Prof. Drew Dawson:

Supreme Court Considers Whether a Debt Collector Violates the Fair Debt Collection Practices Act by Filing a Bankruptcy Claim

Further analysis from Rochelle's Daily Wire:

- "Solicitor General Supports the Debtor in Midland Funding on FDCPA Violation"

- "Supreme Court to Resolve Circuit Splits on the Fair Debt Collection Practices Act"

Opinion

By a vote of 5/3, the Supreme Court held on May 15, 2017, that filing a claim barred by the statute of limitations does not violate the federal Fair Debt Collection Practices Act because it is not false, deceptive, or misleading. Justice Stephen G. Breyer wrote the opinion for the majority. Justice Sonia Sotomayor dissented, in an opinion joined by Justices Ruth Bader Ginsburg and Elena Kagan. Justice Neil M. Gorsuch did not participate. The opinion is Midland Funding LLC v. Johnson, 16-348 (Sup. Ct. May 15, 2017).

ABI Media Teleconference
Wednesday, May 17, 2017
Oral Arguments Date

January 17, 2017

Listen or download the full audio replay of the oral argument.

ABI editor-at-large Bill Rochelle and ABI Resident Scholar Drew Dawson provide a recap of the oral argument:

 

 

Oral Arguments Date
Certiorari Granted Date