Midland Funding, LLC v. Hill
Midland Funding, LLC v. Hill: On 10/11/16, the US Supreme Court has granted a petition for certiorari, to hear creditor Midland Fundings’ appeal to US Supreme Court, from 11th Circuit Court of Appeals, of Hill v Midland Funding, LLC, 823 F.3d 1334 (11th Cir 2016). By deciding Midland Funding, LLC v Hill, the US Supreme Court is expected to resolve the split in cases of various Circuits, as to whether or not it violates the Fair Debt Collection Practices Act (FDCPA), for a creditor to file a Proof of Claim in a bankruptcy case, to try to collect a claim which is barred from being collected by the applicable statute of limitations (time limit for suing), under applicable state law. The 11th Circuit Court Of Appeals decision holds that the Bankruptcy Code provision allowing creditors to file proofs of claim for debts that appeared on their face to be time-barred did not preclude liability under FDCPA for debt collectors who filed proofs of claim for debts that they knew were time-barred.