- Gatewood v. CP Medical, LLC (In re Gatewood), Case No. 15-6008 (B.A.P. 8th Cir. July 10, 2015)
- The filing of an accurate proof of claim for a time-barred debt containing all required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice under the FDCPA.
- Procedural context:
- Appeal from the bankruptcy court for the Western District of Arkansas granting summary judgment to defendant in adversary proceeding concerning alleged violation of the FDCPA by defendant's filing a proof of claim on a time-barred debt.
- Debtors filed a chapter 13 petition and included in scheduled creditors a medical debt to CP Medical, LLC ("CP") incurred outside the applicable statue of limitations for collection of a medical debt. CP filed a timely, complete proof of claim for the debt. The debtors filed an adversary proceeding against CP alleging that the filing of the claim was a "false, deceptive, misleading, unfair and unconscionable" debt collection practice in violation of the FDCPA.
- Kressel, Saladino, and Shodeen, Bankruptcy Judges
3567 in the system
7 Being Processed