4th Cir. Holds Time-Barred Proof of Claim Does Not Violate FDCPA

This article was originally published on the Maurice Wutscher blog and is republished here with permission.

In a split decision, the U.S. Court of Appeals for the Fourth Circuit recently held that “filing a proof of claim in a Chapter 13 bankruptcy based on a debt that is time-barred does not violate the Fair Debt Collection Practices Act when the statute of limitations does not extinguish the debt.”

A copy of the opinion in Dubois v. Atlas Acquisitions LLC is available at:  Link to Opinion. The defendant was represented by Donald Maurice of Maurice Wutscher LLP.