As you may recall, bankruptcy provides remedies for wrongfully filed proofs of claim, including revocation of fraudulent proofs of claim and the court's substantial contempt power. The consumer here did not seek or invoke these remedies remedies.
However, because the issue was a legal one that was not decided in the Second Circuit, the Court vacated the lower court's award of fees and costs under 15 U.S.C. § 1692k(a)(3).
Ralph T. Wutscher
Kahrl Wutscher LLP
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