Kentucky Bankruptcy Law

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Claims Based on Time-Barred Debts in Kentucky

As always – solid information.

Chapter 13 Trustee, EDKY: Trustee's Blog

In Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (May 15, 2017), the U.S. Supreme Court held that Midland Funding did not violate the Fair Debt Collection Practices Act (FDCPA) by filing a proof of claim in the debtor’s chapter 13 case for a credit card debt on which the statute of limitations “obviously” had expired.  If the claim is unenforceable because it is time-barred, the remedy is to object to the claim.  What do practitioners in Kentucky need to know about statutes of limitations on credit card debts before filing or objecting to claims?

Which state’s statute of limitations applies?  The procedural law of the forum state will determine which state’s statute of limitations applies.  In the Midland Funding case, the Supreme Court and all the lower courts applied, without discussion, the forum state’s statute of limitations (Alabama).

However, the choice of law is not as easy…

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September 6, 2017 - Posted by | Uncategorized

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