Case Conclusion Date:January 29, 2008
Practice Area:Debt Collection
Description:Mr. Kirby repressented Asset Acceptance Corporation, which was sued under the Fair Debt Collection Practices Act and California's Rosenthal Act for its alleged actions in filing an objectionable proof of claim in the Bankruptcy Court. The FDCPA claims were withdrawn after Mr. Kirby moved to dismiss them. Mr. Kirby then moved to dismiss the first amended complaint, which sought to hold Asset Acceptance in contempt of court. In a published decision, the Bankruptcy Court dismissed the contempt claim, leaving only a simple objection to the claim.