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Supreme Court· 5/15/2017

Midland Funding, LLC v. Johnson

Citations

  • 581 U.S. 224
  • 137 S. Ct. 1407
  • 197 L. Ed. 2d 790
  • 2017 U.S. LEXIS 2949
  • 77 Collier Bankr. Cas. 2d 1308
  • 85 U.S.L.W. 4239
  • 26 Fla. L. Weekly Fed. S 563
  • 2017 WL 2039159
  • 64 Bankr. Ct. Dec. (CRR) 31

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, after the debt was discharged by bankruptcy, it was factually inaccurate to report a balance owed and that the borrower was past due on the debt
  • holding that a debt collector's \filing of a proof of claim [in a bankruptcy proceeding] that on its face indicates that the limitations period has run\ does not violate the FDCPA
  • recognizing that un- der the law of many states, the right to payment remains after the limitations period expires, and distinguishing a claim or obligation, which survives the limitations period, from an “enforceable” claim or obligation
  • noting that a trustee in a bankruptcy provision “must examine proofs of claim, and, where appropriate, pose an objection” if the claim is unenforceable
  • recognizing expiration of statute of limitations as affirmative defense and that debt may still exist even if time-barred
  • noting that the proof of claim statement “made clear . . . that the 6-year statute of limitations governing collection of the claimed debt had long since run”

Source: CourtListener parenthetical corpus (CC0).

Judges: Stephen Breyer

Read full opinion on CourtListener

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Midland Funding, LLC v. Johnson

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.