Proofs of claim take on different nature in bankruptcy arena

Kramer’s Corner

By Heather L. Kramer

Heather L. Kramer, a member at Dykema, Gossett PLLC has extensive trial and litigation experience. She has handled complex litigation arising from fraud, breach of contract, consumer financial claims, theft of trade secrets, trademark infringement, fraudulent conveyances, breaches of fiduciary duty, product liability and premises liability. She can be reached at hkramer@dykema.com.

Posted July 30, 2015 3:27 PM

During the past year, a split between the U.S. District Courts of the 7th U.S. Circuit Court of Appeals regarding whether it is a violation of the Federal Debt Collection Practices Act to file time-barred proofs of claim in bankruptcy proceedings has finally percolated to the surface with at least three cases on appeal.Pending before the 7th Circuit are Robinson v. eCast Settlement Corp., No. 15-2082, Birtchman v. LVNV Funding, No. 15-2109, and Owens v. LVNV Funding, No. 15-2044.The FDCPA bars a debt collector from using …

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