Dubois v. Atlas Acquisitions LLC, No. 15-1945 (4th Cir. 2016)Annotate this Case
After Kimberly Adkins and Chaille Dubois filed separate Chapter 13 bankruptcy petitions in the Bankruptcy Court, Atlas filed proofs of claim in their bankruptcy cases based on debts that were barred by Maryland’s statute of limitations. At issue is whether Atlas violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., by filing proofs of claim based on time-barred debts. The court held that Atlas’s conduct does not violate the FDCPA because filing a proof of claim in a Chapter 13 bankruptcy based on a debt that is time-barred does not violate the FDCPA when the statute of limitations does not extinguish the debt. Accordingly, the court affirmed the judgment.