Court finds No Private Right of Action Against Creditor that Files False Proof of Claim

Court finds No Private Right of Action Against Creditor that Files False Proof of Claim

  Both of the Plaintiff/Debtor claims stem from the fact the Debtor had a prior Chapter 13 case  filed on July 10, 2013. In that prior case, the Debtor listed CashCall, Inc., as an unsecured creditor on Schedule F of her petition with a debt owed in the amount of $18,328.00. Schedule F also listed Monterey Collection Services as a collector for CashCall, Inc. Monterey Collection Services filed proof of claim number 6 in the amount of $18,567.74. The Debtor objected to the proof of claim because the claim was barred by the statute of limitations. This Court sustained the Debtor’s objection, and the proof of claim was disallowed. The Debtor completed her Chapter 13 case, and she received a standard discharge on April 18, 2016.

        The Debtor filed another Chapter 13 case, her current case, on November 28, 2016. The Debtor did not list CashCall, Inc., as a creditor because she believed the debt was discharged in her prior Chapter 13 case. On April 4, 2017, proof of claim number 8 was filed in the name of Cash Call by the Defendants in the amount of $2,600.00. It is proof of claim number 8 that prompted the filing of this adversary proceeding. The Amended Complaint states the proof of claim was not filed at the direction of CashCall, Inc., and the Debtor dismissed CashCall, Inc., from the suit by filing a Notice of Dismissal on October 4, 2017.

  In the Amended Complaint, the Debtor’s prayer for relief seeks the following:

• actual damages;
• punitive damages;
• legal fees and expenses;
• “the Defendants be required to refund all funds received to date from the debtor or from the Trustee”;
• “the underlying alleged debt to the Defendants is forever canceled and discharged and the Defendants be ordered to deliver to the debtor a proper release form”;
• “the Proof of Claim filed by the Defendants be stricken, with prejudice”; and
• ” the Plaintiff shall have such other and further relief as the Court may deem just and proper”.

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