This webinar will focus on time-barred debts and the impact of the Midland Funding v. Johnson ruling. The Supreme Court’s May 2017 decision in Midland Funding v. Johnson, 2017 WL 2039159 (U.S. May 15, 2017) put to rest questions about claims under the FDCPA for creditors’ pursuit of time-barred debt in both the bankruptcy and civil arenas.
This webinar will give bankruptcy and consumer lawyers an overview of this important decision and of what types of time-barred debt claims will have the best chance of success moving forward.
What You Will Learn
- Which types of time-barred debt claims are no longer viable under the FDCPA and which types the Supreme Court now assumes are viable
- What the implications of the decision are for proofs of claim in bankruptcy
- Which policy arguments from the Midland decision support time-barred debt claims under state consumer laws
Jonathan R. Marshall is a partner at Bailey & Glasser, LLP in Charleston, West Virginia. Jonathan focuses his practice on consumer rights litigation, class actions, mass torts, and complex litigation. His consumer rights litigation work includes claims involving predatory lending, telemarketing, loan servicing, and illegal debt collection activities. Jonathan serves in a leadership capacity in the nationwide MDL case, In re: Monitronics Int’l, Inc. Telephone Consumer Protection Act Litigation, alleging illegal telemarketing by home security companies. He also has tried and held leadership roles in mass action cases. Jonathan earned his law degree from West Virginia University College of Law, graduating Order of the Coif. He is a founder and co-chairman of the Consumer Law Division of the West Virginia Association for Justice and a frequent speaker at seminars on consumer law issues.
David J. Philipps, of Philipps & Philipps, Ltd., in southwest suburban Chicago, is a graduate of the University of Illinois College of Law and Loyola University of Chicago. He served as law clerk to Justice Benjamin K. Miller of the Illinois Supreme Court from 1987–88. David is a founding member of NACA (1995) and is a member of its board of directors. David’s practice consists mainly of litigation, on both a class and/or an individual basis, on behalf of consumers who have been defrauded or subject to illegal collection activity or improper credit reporting. David has worked on and/or been appointed class counsel in about 195 cases, which have recovered more than $100,000,000 for defrauded or abused consumers. David has taught seminars throughout the country on the FDCPA to numerous consumer, regulatory, and debt collector groups.
Tara Twomey is currently Of Counsel to the National Consumer Law Center and the Executive Director for the National Consumer Bankruptcy Rights Center. Ms. Twomey focuses on bankruptcy and consumer credit issues, with an emphasis on home mortgage origination and servicing. She has taught numerous programs in these areas, she has served as an expert witness in mortgage-related cases, and she has testified before Congress on mortgage servicing probelms. Ms. Twomey is a contributing author of several books published by the National Consumer Law Center, including Foreclosures: Defenses, Workouts and Mortgage Servicing. She is a conferee of the National Bankruptcy Conference and also a contributing author to the Collier Bankruptcy Practice Guide.