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In re Myron Hale

Summarizing by Joel Newell

Nelson v. Midland Credit Management, Inc.

Nelson v. Midland Credit Management, Inc., Case No. 15-2984 (8th Cir. 2016)
The filing of an accurate and complete proof of claim on a time-barred debt is not false, deceptive, misleading, unfair, or unconscionable under the FDCPA.
Procedural context:
Appeal from the District Court for the Eastern District of Missouri dismissing plaintiff/debtor's complaint for failure to state a claim upon which relief can be granted because the FDCPA is not implicated by a debt collector filing an accurate and complete claim on a time-barred debt.
Debtor defaulted on a consumer debt in 2006. In 2015, Debtor filed a chapter 13 petition in which Midland Credit Management filed a proof of claim for the amount of the 2006 debt. The debtor objected to the proof of claim as time barred and the objection was sustained. Debtor subsequently sued Midland alleging that filing the time-barred claim was a violation of the FDCPA.
Wollman, Benton, Shepherd

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