Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: FDCPA

11th Circuit: FDCPA Requirements Apply Equally To Communications with Debtor’s Lawyer

The Eleventh Circuit recently addressed three issues of first impression in the Circuit regarding the application of the  Fair Debt Collection Practices Act (FDCPA) to letters to consumers’ lawyers.  Not surprisingly, the court ruled in favor of the consumer although the arguments made by the collector did seem somewhat weak.  In Bishop v. Ross Earle… Continue Reading

Filing Proof Of Claim For Time Barred Debt Violates FDCPA, Says Eleventh Circuit, But They Leave An Escape Hatch.

In the last couple of years, claims against creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA) have become a hot item in Bankruptcy Courts.  One such question is whether the filing of a proof of claim for a stale debt (i.e., one that has become unenforceable pursuant to the applicable statute… Continue Reading