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Supreme Court Agrees to Hear FDCPA Proof of Claim Case

Consumer Financial Services Law

Johnson and resolve the split in the circuits over whether the filing of a time barred proof of claim violates the FDCPA and whether the Bankruptcy Code preempts the FDCPA regarding proofs of claim. Recap of Johnson In Johnson , the Court answered that question in the negative, finding that the Bankruptcy Code does not preempt the FDCPA.