• Filing a Proof of Claim after Crawford: the Potential for Creditors to Face FDCPA Violations in the Eleventh Circuit
  • February 2, 2016 | Author: Regan Loper
  • Law Firm: Burr & Forman LLP - Birmingham Office
  • The language of Bankruptcy Code § 501(a) is as broad as it is simple. "A creditor or an indenture trustee may file a proof of claim."1 The Bankruptcy Code's definition of "claim" only broadens § 501(a)'s scope: a "claim" means any "right to payment," regardless of whether or not that right is presently enforceable.2 Based on that definition, any creditor is entitled to file any proof of claim based on a right to payment.