Crawford v. LVNV Funding, LLC, et al., No. 13-12389 (11th Cir. 2014)Annotate this Case
In 2008, plaintiff filed for Chapter 13 bankruptcy. During the proceeding, LVNV filed a proof of claim to collect the Heilig-Meyers debt, notwithstanding the limitations period had expired four years earlier. At issue on appeal was whether a proof of claim to collect a stale debt in Chapter 13 bankruptcy violates the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692-1692p. The court answered in the affirmative. The FDCPA's broad language, the court's precedent, and the record compelled the conclusion that defendants' conduct violated a number of the Act's protective provisions. Accordingly, the court reversed the orders of the bankruptcy court and the district court dismissing the adversary proceeding.