CFPB files Amicus Brief with SCOTUS in FDCPA Case on Filing Bankruptcy Proof of Claim on Out of Statute Debt

On December 28, 2016 the CFPB filed an amicus brief with the U.S. Supreme Court in support of the individual consumer in the case of Midland Funding, LLC v. Aleida Johnson, a decision from the Eleventh Circuit that determined Midland’s filing of an accurate proof of claim in the consumer’s bankruptcy case on a time-barred debt violated the Fair Debt Collection Practices Act (FDCPA). insideARM wrote about the case on May 25, 2016 and wrote about the Supreme Court granting Certiorari on October 12, 2016.

Background

The case involves a dispute between Aleida Johnson and Midland Funding, LLC. Midland filed a proof of claim in a Chapter 13 Bankruptcy proceeding on an account of Johnson’s that was outside the applicable statute of limitations. Attorneys on both sides of the case had filed petitions for a writ of certiorari seeking SCOTUS review.