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Donaldson v. LVNV Funding, LLC

United States District Court, S.D. Indiana, Indianapolis Division

April 7, 2015

STEVEN DONALDSON, Plaintiff,
v.
LVNV FUNDING, LLC, Defendant

April 7, 2015, Decided

For STEVEN DONALDSON, Plaintiff: C. Warren Nerz, Kristin Elizabeth Nerz, NERZ WALTERMAN, P.C., Indianapolis, IN.

For LVNV FUNDING, LLC, Defendant: Jeanine R. Kerridge, BARNES & THORNBURG LLP (Indianapolis), Indianapolis, IN; Michael S. Poncin, MOSS & BARNETT, Minneapolis, MN.

Page 1034

ORDER ON MOTION TO DISMISS

LARRY J. McKINNEY, United States District Judge.

In this case, Plaintiff Steven Donaldson (" Donaldson" ) alleges that Defendant LVNV Funding, LLC (" LVNV" ), violated the Fair Debt Collection Practices Act (" FDCPA" ) when it filed a proof of claim in Donaldson's bankruptcy proceedings on debts for which the statute of limitations had expired. Dkt. No. 1, Compl. ¶ ¶ 22-31. LVNV asserts that " [t]he weight of authority

Page 1035

nationwide and the very rationale underlying the Bankruptcy Code and related Bankruptcy Rules overwhelmingly support the conclusion that [Donaldson] has no actionable claim," and this action should be dismissed with prejudice. Dkt. No. 13 at 1. LVNV also asserts that Donaldson has suffered no damages; therefore he has no standing. Id. at 3-5. Donaldson argues that Seventh Circuit precedent as well as other cases decided in this district dictate otherwise.

For the reasons stated herein, the Court GRANTS LVNV's Motion to Dismiss.

I. FACTUAL BACKGROUND

The facts as alleged in the Complaint, attachments thereto, or the public record are these:

LVNV is a debt buyer that regularly purchases delinquent debts, then attempts to collect those debts. Compl. ¶ 5. LVNV is a debt collector as that term is defined by the FDCPA, 15 U.S.C. § 1692a(6). Compl. ¶ 6.

LVNV purchased Donaldson's Premier Bankcard, Inc. (" Premier account" ) and his Capital One Bank (USA), N.A. (" Capital One account" ) debts (collectively, the " debts" ). Compl. ¶ 7. The last payment made on the Premier account was on November 7, 2005. Dkt. No. 1-3. The last payment on the Capital One account was on November 7, 2005. Dkt. No. 1-4. In its capacity as a third-party debt collector, LVNV attempted to collect the debts from Donaldson. Compl. ¶ 8.

Indiana Code § 34-11-2-7 provides that actions on accounts " must be commenced within six (6) years after the cause of action accrues." Ind. Code § 34-11-2-7. Therefore, the last possible date that LVNV's cause of action accrued against Donaldson for the debts was November 7, 2005. Compl. ¶ ¶ 17-18. The statute of limitations on the debts expired on November 7, 2011. Compl. ¶ 19.

On August 7, 2013, Donaldson filed a Chapter 13 Bankruptcy petition in the United States Bankruptcy Court for the Southern District of Indiana (" Bankruptcy Court" ), Cause No. 13-08441-JMC-13 (the " Bankruptcy petition" ). Dkt. No. 1-1. The debts were incurred prior to the filing of the Bankruptcy petition and the debts ...


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