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Homeowner lostBindingPending attorney reviewDebt collectors (FDCPA)Chapter 13 repayment plans

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.

Full citationMidland Funding, LLC v. Johnson, 581 U.S. 224 (2017)Short formMidland Funding, 581 U.S. 224

Draft — 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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