An analysis of the cause of action applicable defenses and the basis for the judges ruling in a case

Balancing these competing concerns, we described the presumption against retroactive application in the following terms: If Congress has done so, of course, there is no need to resort to judicial default rules.

An analysis of the cause of action applicable defenses and the basis for the judges ruling in a case

Supreme Court held that filing of a proof of claim for unextinguished time-barred debt is not a per se violation of the Fair Debt Collection Practices Act.

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Midland Funding LLC v. In ruling in favor of the creditor, the court affirmed that the statute of limitations is an affirmative defense to payment, which may be raised by the debtor or trustee in a claims objection, but does not prevent the creditor from filing a claim in the first instance.

Although a positive development for financial institutions, a closer analysis of the majority opinion reveals a number of issues meriting careful consideration. Among other points discussed below, claimants should examine state law before filing a claim to determine whether the applicable statute of limitations has merely barred suit or extinguished the underlying debt.

The proof of claim included an account summary indicating that the last payment on the debt was received in and that the account had been charged off in January The debtor objected to the claim the day after it was filed on the basis that it lacked supporting documentation.

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On the same day that the bankruptcy court expunged the claim, the debtor commenced a class action against Midland in federal district court for violation the FDCPA.

In particular, the debtor asserted: Defendants then engage in collection practices, including the filing of proofs of claim in bankruptcy, in the hope and expectation that inaction on the part of many debtors will result in payment on this otherwise unenforceable debt.

Midland did not dispute that the debt was time-barred. Relying on its ruling in Crawford v. In a decision,[16] the court held that the filing of a proof of claim in bankruptcy proceedings for a time-barred debt does not violate the FDCPA when there continues to be a right to repayment after the expiration of the limitations period under applicable state law.

The creditor lodges its claim against the estate, not the debtor personally. Yet, a closer inspection provides interesting takeaways.

Would it apply only to statute of limitations defenses or to other affirmative defenses as well? In contrast, the dissent focused on the harm to the bankruptcy system itself. Sanctions and Rule Rule imposes sanctions on a party that presents a claim to the court where reasonable inquiry would conclude that the claim is not warranted or the factual contentions therein lack evidentiary support.

Creditors would be wise to pay heed to this part of the Midland Funding decision. Phoebe WinderAndrew C. Glass and Sean R.

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Blase is a partner in the firm's Boston and New York offices. The opinions expressed are those of the author s and do not necessarily reflect the views of the firm, its clients, or Portfolio Media Inc.

This article is for general information purposes and is not intended to be and should not be taken as legal advice. Atlas Acquisitions In re DuboisF. Midland Credit Management Inc. · Coverage that focuses on both the legal risks facing insurance companies, as well as how companies are using insurance to hedge risk.

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Mark ZUCKERBERG et al., Defendants, Appellees. There is an open question as to whether an amended complaint asserting a cause of action that arose only after the prior complaint was filed should be regarded as a "supplemental" rather than an "amended" complaint.

concerns that simply do not exist  · IT CAN BEone of the most satisfying experi- ences for a litigator.

An analysis of the cause of action applicable defenses and the basis for the judges ruling in a case

You pinpointed the fatal flaw in your opponent’s case and moved to dis-miss. The judge agreed with your legal [Her] fourth cause of action seeks damages for expropriation and conversion, and her fifth cause of action seeks damages for violation of international law.

[Her] sixth cause of action seeks imposition of a constructive trust, and her seventh cause of action seeks restitution based on unjust Conventional wisdom says that for a defendant, class certification is to be avoided at all costs, and many defendants may assume that the best strategy for dealing with a certified class, short of settlement, is to find a way to get the class ing for motions to dismiss on a variety of addi-tional grounds including: • Lack of capacity to sue; • Documentary evidence; • A prior pending action; and • Various affirmative defenses including res judicata, collateral estoppel, arbitration and award, release, payment, discharge in bank-ruptcy, statute of limitations, or the statute of frauds.

Solution-Applicable defenses and the basis for the court