Justia U.S. 3rd Circuit Court of Appeals Opinion Summaries

The district court dismissed a pro se debtor's claims against creditors, a collection firm, and credit reporting agencies, holding that expiration of the limitations period on the original debt did not prohibit assignment of or attempt to collect the debt, which had not been extinguished by bankruptcy. The Third Circuit affirmed. Although the debt is unenforceable under state law, it was not extinguished; the Fair Debt Collection Practices Act, 15 U.S.C. 1692e, does not prohibit attempts to obtain voluntary payment. Communications did not include any threat to litigate and did not amount to fraud. Nor did the collection agency violate the Act by obtaining a credit report or violate RICO by any of its actions.

A Chapter 11 bankruptcy petition, filed in May 2005, was dismissed; the order was mailed on October 5, 2006. Notice of appeal was sent by first-class and electronic mail on October 16, but was not filed until October 19. Despite failure to file within 10 days as required by Fed. R. Bankr. P. 8002(a), the district court docketed the appeal. In May 2007 the court dismissed the appeal for failure to comply with another rule. While appeal of the dismissal was pending, the trustee moved for dismissal for untimely filing. The Third Circuit remanded to the district court for dismissal. Unlike other bankruptcy rules, the time for appeal is incorporated into the statute (28 U.S.C. 158(c)(2) and is jurisdictional.