Client Success: Midland Funding Secures Dismissal of Putative FDCPA Class Action by Highlighting Bad Faith Bankruptcy Conduct by Plaintiff
Press Release | 1 min read
Sep 10, 2019
Hinshaw client Midland Funding, LLC recently secured the dismissal of a putative Fair Debt Collection Practices Act (FDCPA) class action in the U.S. District Court of New Jersey. The dismissal was notable for the court's application of judicial estoppel, an "extraordinary" remedy reserved for "the most egregious" cases. Hinshaw attorneys Ellen Silverman and Matthew Corwin represented Midland in the case.
Plaintiff had filed multiple FDCPA cases including one against Midland. Midland sought dismissal of the case brought against it by requesting application of judicial estoppel, due to bad faith by the plaintiff in a separate bankruptcy proceeding. Midland argued that plaintiff had failed to fully disclose to the Bankruptcy Court or Trustee that he had initiated a number of FDCPA claims after filing his bankruptcy petition.
The District Court agreed, noting that "the Court cannot ignore the perversity of [plaintiff] discharging debt he owed to certain creditors while he was pursuing FDCPA claims against the same creditors for their attempts to collect the debt he owed." Granting Midland's motion, the Court dismissed the plaintiff's claims against Midland with prejudice.
The decision was discussed in an insideARM story titled "Plaintiff Acted in Bad Faith by Not Disclosing All FDCPA Claims to Bankruptcy Court, Says D.N.J."
The case is Vedernikov v. Atl. Credit & Fin., Inc., No. 18-15273 (D.N.J. Aug. 30, 2019)
Related Capabilities
Related Locations
Featured Insights

Press Release
Aug 7, 2026
Daniel McGrath Re-Elected Senior Director of the Federation of Defense & Corporate Counsel

Insights for Insurers Alert
Aug 7, 2026
California Supreme Court Clarifies Pleading Standards for Excess Policy Claims

Press Release
Aug 6, 2026
Charles Townsend Named a Best Mentor Finalist in the 2026 ALM Texas Legal Awards

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology
