You Legal from Appeals, 4th Circuit
In the Lso are: Eric Dubois, Debtor. Chaille Dubois, f/k/good Chaille Gaines, f/k/a great Candace DuBois, f/k/a good Candace Gaines, f/k/an effective Candi Gaines, f/k/a beneficial Candi DuBois; Kimberly Adkins, Plaintiffs–Appellants, v. Atlas Acquisitions LLC, Defendant–Appellee, Timothy P. Branigan; Nancy Spencer Grisby, Trustees.
No. 15–1945
Appellants Kimberly Adkins and you can Chaille Dubois registered separate Section thirteen personal bankruptcy petitions throughout the Bankruptcy proceeding Court towards the Region away from Maryland. Appellee Atlas Purchases LLC (Atlas) filed proofs out-of claim inside their personal bankruptcy instances according to debts that were prohibited because of the Maryland’s law out of constraints. step one The trouble on the desire is if Atlas broken the fresh Fair Commercial collection agency Practices Operate (FDCPA) by processing evidences out-of allege considering time-banned costs. I keep one to Atlas’s carry out will not violate the newest FDCPA, and you will affirm the fresh bankruptcy court’s dismissal from Appellants’ FDCPA claims and you can related condition legislation claim.
The facts off Appellants’ circumstances was comparable. Adkins filed getting Section thirteen bankruptcy towards the . Atlas recorded a couple of proofs off claim inside her situation. The original proof of claim revealed that Adkins due Atlas $ centered on a loan you to started which have pay-day lender Glance at Letter Wade and therefore Atlas ordered out-of Professional Organization Properties, LLC (Elite Organization) towards the . 2 The brand new proof of claim identified the last purchase date with the the fresh new membership since the . Atlas’s second evidence of allege is having $ based on financing one to got its start which have pay day bank Feeling Cash Us and therefore Atlas bought out of Top-notch Corporation towards . Continue reading “You Legal from Appeals, 4th Circuit”