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Filing a Proof of Claim in Bankruptcy: What You Need to Know

Fraser

If you’re owed money by a bankrupt debtor, you likely have to file a claim. A creditor must take care to ensure that the claim amount listed on the debtor’s schedules is accurate and the claim is scheduled against the right debtor (in cases involving more than one debtor entity). Do You Have to File a Claim? Walton, Jr.’s

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Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B

The Creditors Rights

A debt collector who violates these proscriptions faces civil liability to the debtor. Supreme Court’s conclusion “[W]hen two statutes are capable of coextistence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective.” Nat’l Ass’n of Home Builders v. 644 (2007).