October 11, 2016

U.S. Supreme Court Grants Review In Another Stris & Maher Case

This afternoon, the U.S. Supreme Court, at the firm’s urging, agreed to hear Midland Funding, LLC v. Johnson, No. 16-348. This case asks an important question targeting a billion-dollar industry practice: whether debt collectors can file proofs of claim in bankruptcy on knowingly time-barred debt. The firm represents the consumers, and has been litigating a series of related issues in multiple circuits around the country. Dan Geyser will argue the case later this Term.

This case is the firm’s second merits case of OT 2016 (and its fifth over the past two years); Peter Stris will also be arguing Microsoft v. Baker, No. 15-457, a case on class-action procedure.

Today’s grant comes immediately after the U.S. Supreme Court issued a CVSG (“call for the views of the Solicitor General”) in Southwest Securities, FSB v. Segner, No. 15-1223. This is another petition filed by the firm asking a question affecting virtually all secured property in bankruptcy proceedings. The Supreme Court will revisit that question once the Solicitor General weighs in over the next few months.

For more information, please contact Mr. Geyser at daniel.geyser@strismaher.com or (213) 995-6811.

Read our case study:
NACBA—Fighting Illegal Debt-Collection Practices

Related press coverage:
Chamber, Law Groups Urge Justices To Back Debt Collector (Law360, December 5, 2016) (subscription required)
Supreme Court Agrees to Hear Debt-Collections Case (Wall Street Journal, October 12, 2016) (subscription required)
Justices To Resolve Clash Over Stale Debt In Bankruptcy (Law360, October 12, 2016) (subscription required)
High Court To Weigh Liability Of Professional Debt Buyers (Law360, October 11, 2016) (subscription required)
Eighth Circuit Lets the Fox in the Henhouse (National Consumer Bankruptcy Rights Center, August 9, 2016)
7th Circ. Weighs Frivolity Of Old Debts In Bankruptcy Court (Law360, June 1, 2016) (subscription required)
11th Circ. Finds Collectors At Risk In Pursuing Old Debts (Law360, May 24, 2016) (subscription required)
2nd Circuit Reverses Decision That FDCPA Claim Must Be Heard By Bankruptcy Court (Lexis Legal News, January 5, 2016) (subscription required)