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IN RE BROADRICK

Case No. 3:14-bk-00672. Adv. Proc. No. 3:14-ap-90357.

532 B.R. 60 (2015)

IN RE: Patricia Ann BROADRICK, Debtor. Patricia Ann Broadrick Plaintiff, v. LVNV Funding LLC and Resurgent Capital Services L.P., Defendants.

United States Bankruptcy Court, M.D. Tennessee.

Signed June 19, 2015.

Attorney(s) appearing for the Case

Charles Ward Faquin , Law Offices of Charles W. Faquin PLC, James Alan Flexer , Law Offices of James Flexer, Nashville, TN, for Plaintiff.

Derek W. Edwards , Waller Lansden Dortch & Davis, Blake Roth , Waller Lansden Dortch & Davis, LLP, Nashville, TN, for Defendants.

MEMORANDUM OPINION

Filing a proof of claim in bankruptcy court is not automatically a violation of the Fair Debt Collection Practices Act ("FDCPA") when the underlying debt cannot be collected because of an applicable statute of limitations. However, a so-called "stale" proof of claim is not necessarily...

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