Gatewood v. CP Medical, LLC (In re Gatewood)

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

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