Filing Proof of Claim on Time-Barred Debt Not an FDCPA Violation, 8th Circuit Court Rules

Yesterday, the Eighth Circuit Court of Appeals entered a ruling affirming a district court’s decision that a debt collector’s filing of a proof of claim in the consumer’s Chapter 13 bankruptcy case based on an out-of-statute debt was not a false, deceptive or misleading debt collection practice.

The case was Nelson v. Midland Credit Management, Inc., (Case No. 15-2984, Eighth Circuit Court of Appeals). A copy of the opinion can be found here.

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