Second Circuit Holds That FDCPA Does Not Apply to Proof of Claim in Bankruptcy

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...

The Permissibility of Class Action Proofs of Claims in Chapter 11 Cases

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...