Precluding FDCPA Claims in Bankruptcy

Authors

Natalie Ko

Document Type

Note

Abstract

(Excerpt)

This Note seeks to offer additional justifications and expand upon the Eighth Circuit’s intermediate approach in harmonizing both federal statutes by also extending certain exemptions with the FDCPA to apply to proofs of claim in bankruptcy. Part I examines the relevant legislative intent and procedural aspects of both the Bankruptcy Code and the FDCPA. Part II summarizes the various approaches that courts take to the problem and their rationale behind their decision. Part III considers several justifications for limiting consumer enforcement of the FDCPA in the bankruptcy context. Finally, Part IV proposes that, to synchronize both the FDCPA and Bankruptcy Code, courts should extend exemptions within the FDCPA to include proofs of claim and hold that filing a proof of claim for a stale debt, without misrepresentation and similar deceptive practices, does not constitute a violation of the FDCPA.