Simpson v. PRA Receivables Mgmt., LLC (In re Simpson), No. 08-00137, 2008 WL 4216317, at *3 (Bankr. N.D. Ala. Aug. 29, 2008) (Mitchell) (No independent bankruptcy cause of action for violation of Fair Debt Collection Practices Act based on filing of false or misleading proof of claim; claims allowance process provides remedies. “An FDCPA claim … cannot be based on the filing of a proof of claim, regardless of the ultimate validity of the underlying claim.”).

George v. Wilshire Credit Corp. (In re George), No. 08-1068, 2008 WL 3925210 (Bankr. D. Mass. Aug. 26, 2008) (Feeney) (Motion to dismiss third-party complaint is granted, but show cause is issued to determine whether co-tenant who asserts TILA violation should be added as co-plaintiff.).

Wentz v. Saxon Mortgage (In re Wentz), 393 B.R. 545 (Bankr. S.D. Ohio 2008) (Humphrey) (Complaint for damages under TILA and HOEPA is subject to one year statute of limitations under 15 U.S.C. § 1635(g) but damage claim is in nature of recoupment, which is excepted from one-year limitation by 15 U.S.C. § 1640(e). Filing proof of claim is sufficient action to collect debt to constitute counterclaim for damages as recoupment. RESP A action for damages is also in nature of recoupment excepted from one-year statute of limitations found in 12 U.S.C. §2614.).

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