Is it an FDCPA violation for a debt buyer to file a proof of claim for a time-barred debt in a bankruptcy case?

No. The U.S. Supreme Court ruled in Midland Funding v Johnson (U.S. 2017) that it is not a violation of the Fair Debt Collection Practices Act (FDCPA) for a debt buyer to file a proof of claim for a "stale" or too-old to be enforceable debt in a a bankruptcy case.

The debtor still has the right to file an objection to claim to seek to have the bankruptcy court disallow the stale claims, but it is permissible for the debt buyers or creditors to file them.

J Thomas Black
Board Certified, Consumer Bankruptcy Law- Texas Board of Legal Specialization