Midland Funding, LLC v. Johnson
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
- Court
- Supreme Court of the United States
- Decided
- 2017-05-15
- Docket
- 16-348
What happened
In Ms. Johnson's Chapter 13 case, a debt buyer filed a claim for a debt that was obviously too old to collect. She sued under the FDCPA.
What the court decided
The Supreme Court held that filing a proof of claim that is obviously time-barred in a bankruptcy case is not false, deceptive or unfair under the FDCPA; the bankruptcy process itself handles such claims.
Why it may matter to you
In bankruptcy, object to bad claims through the bankruptcy court — that is the tool the Court pointed to.
Why it might not apply
Collecting a time-barred debt outside bankruptcy is a different question.
Most useful when
- A creditor filed a claim in your bankruptcy for a very old debt
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)Short formMidland Funding, 581 U.S. 224Draft — check it with free legal aid before you file or say it in court.
In Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017), the court held that filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA. Here, [say in one sentence what happened in your case]
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