Crawford v. LVNV Funding L.L.C.

758 F.3d 1254 (2014)

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Crawford v. LVNV Funding L.L.C.

United States Court of Appeals for the Eleventh Circuit
758 F.3d 1254 (2014)

  • Written by Jody Stuart, JD

Facts

Stanley Crawford (plaintiff) owed $2,037 to a furniture store. In 2001 LVNV Funding, L.L.C. (LVNV) (defendant), a debt collector, acquired the debt. The debt became unenforceable under the Alabama statute of limitations in October 2004. In 2008 Crawford filed for Chapter 13 bankruptcy. During the bankruptcy proceeding, LVNV filed a proof of claim to collect the time-barred debt. Neither the bankruptcy trustee nor Crawford objected to the claim. The bankruptcy trustee paid LVNV from Crawford’s bankruptcy estate. Subsequent to the bankruptcy proceeding, via an adversary proceeding, Crawford filed a claim against LVNV in 2012, alleging that LVNV’s attempt to claim Crawford’s time-barred debt had violate the Fair Debt Collection Practices Act (the act). The bankruptcy court dismissed Crawford’s adversary proceeding, and the federal district court affirmed on appeal. Crawford appealed.

Rule of Law

Issue

Holding and Reasoning (Goldberg, J.)

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