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Home / Opinion Digests / Fair Debt Act may apply to misleading proofs of claim (access required)

Fair Debt Act may apply to misleading proofs of claim (access required)

The filing of allegedly inadequate proofs of claim could give rise to liability under the Fair Debt Collection Practices Act. Although the filers argued the Bankruptcy Code and Federal Rules of Bankruptcy Procedure provided the exclusive means to address the purported misconduct, plaintiffs described conduct that could violate the FDCPA  and is not specifically addressed ...