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
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

