The Second Circuit has held
that an allegedly inflated proof of claim cannot form the basis for a claim
under the Fair Debt Collection Practices Act. Simmons v. Roundup Funding ,
No. 09-4984 (2 nd Cir. 10/5/10). The opinion can be found here .
In Simmons , Roundup
Funding filed a proof of claim...
Excerpt from 2011 Emerging Issues 6099
The filing of a chapter 11 bankruptcy petition automatically stays "the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have...