Category: U.S. Supreme Court

Midland Funding, LLC v. Johnson

This case concerns whether a debt collector violates the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., by knowingly filing a proof of claim in a consumer’s bankruptcy proceeding to collect debt for which the statute of limitations has expired.  The government’s amicus brief argues that such a filing constitutes a misleading representation and an unfair means to collect a debt in violation of the FDCPA, and that the Bankruptcy Code does not preclude a debt collector from being held liable for those violations.

Full brief

Midland Funding, LLC, Petitioner v. Aleida Johnson