A creditor didn’t violate the Fair Debt Collection Practices Act by seeking to collect on that stale debt in bankruptcy court, a divided U.S. Court of Appeals for the Fourth Circuit said Aug. 25 (Dubois v. Atlas Acquisitions LLC, 2016 BL 276851, 4th Cir., 15-cv-01945, 8/25/16).
In so deciding, the Fourth Circuit joins the majority of circuits that have examined the issue. Only the Eleventh Circuit, in Crawford v. LVNV Funding, LLC, 758 F.3d 1254, 11th Cir., has said those filings violate the FDCPA. The U.S. Supreme Court declined to review that decision.
Atlas Acquisitions LLC filed ...
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