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Jason Tompkins and Chase Espy Secure Victory for Midland Funding in Supreme Court Case Regarding Bankruptcy Claims Under the FDCPA

Jason Tompkins, partner, and Chase Espy, attorney, both in the firm’s Birmingham office and members of the Litigation Practice, secured a victory from the Supreme Court of the United States. On May 15, 2017, the Supreme Court ruled 5-3 in favor of Midland Funding in Midland Funding v. Johnson. The decision resolves a circuit split as to whether the filing of a bankruptcy proof of claim for time-barred debt violates the Fair Debt Collection Practices Act (FDCPA).

Balch served as sole counsel to Midland Funding in the U.S. District Court for the Southern District of Alabama and the Eleventh Circuit, handled nationwide strategy for Midland on this issue, and helped create the initial circuit split when they convinced the Eighth Circuit to disagree with the Eleventh Circuit. 

Jason and Chase worked alongside Williams & Connolly LLP to advance the Eleventh Circuit class action to the Supreme Court and secured one of the quickest non-emergency grants of certiorari in history. Jason and Chase also defended the dismissal of similar cases in the Third and Sixth Circuit courts of appeals before the Supreme Court granted certiorari in the Johnson case.