A recent Supreme Court decision found the federal Fair Debt Collection Practices Act was not violated by a debt collector's filing of a proof of claim for a debt subject to an expired limitations period. But the decision did not find that the FDCPA is precluded by the Bankruptcy Code. This presentation explores the decision and examines whether FDCPA risks still remain for bankruptcy practices. We will explore what may occur with existing cases that were stayed and what to look for moving forward. Our panel brings together attorneys from the SCOTUS case as well as those who participated in several trial and Courts of Appeals decisions for both creditors and consumers.
- Morgan Fisher, Law Offices of Morgan Fisher, LLC
- Dalié Jiménez, Associate Professor of Law and Jeremy Bentham Scholar, University of Connecticut School of Law
- Alan C. Hochheiser, Partner, Maurice Wutscher, LLP
- Donald Maurice, Partner, Maurice Wutscher, LLP
- Jason B. Tompkins, Partner, Balch & Bingham, LLC
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