Professors Kara Bruce of the University of Toledo College of Law and Alexandra Sickler of the University of North Dakota School of Law, question whether the current state of affairs of the Fair Debt Collection Practices Act and the Supreme Court's decision in Midland is in line with the balance of powers contemplated by the Code or feasible in light of the realities of bankruptcy practice. This Essay examines how creditor under-compliance and overreaching can impair access to justice in consumer bankruptcy cases. The authors consider generally the role that private litigation might play in addressing this problem. In Part II, the authors trace the arc of FDCPA litigation from its origins in the Eleventh Circuit in Crawford v. LVNV Funding, LLC to its end, with the Supreme Court's decision in Midland Funding v. Johnson. They also outline how the bankruptcy system has struggled to address stale debt claims after Midland Funding. In Part III the authors conclude by considering the lessons of this short-lived legal theory on the utility of private litigation as a tool to achieve access to justice in consumer bankruptcy cases.
Kara J. Bruce & Alexandra P. Sickler,
Private Remedies and Access to Justice in a Post-Midland World,
Emory Bankr. Devs. J.
Available at: https://scholarlycommons.law.emory.edu/ebdj/vol34/iss2/4