News & Analysis as of

Consumer Bankruptcy › Fair Credit Reporting Act (FCRA)

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
Orrick, Herrington & Sutcliffe LLP

2nd Circuit affirms dismissal in FCRA suit

Orrick, Herrington & Sutcliffe LLP on

On January 4, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s decision to grant summary judgment for a credit reporting agency (defendant) in a suit alleging FCRA violations. ...more

Carlton Fields

Court Concludes That Bankruptcy Discharge Does Not Affect Arbitration Clause

Carlton Fields on

The Eastern District of Pennsylvania recently granted a creditor’s request to compel arbitration over a plaintiff’s argument that the arbitration agreement he had signed was void as a result of a bankruptcy court discharging...more

Bradley Arant Boult Cummings LLP

The Conundrum of Credit Reporting In and After Bankruptcy: Help May Be on the Way

Bradley Arant Boult Cummings LLP on

Creditors and credit furnishers often find properly reporting a payment status to Credit Reporting Agencies (CRAs) during, and after, bankruptcy a challenge. The recent Report of the American Bankruptcy Institute on Consumer...more

Bradley Arant Boult Cummings LLP

ABI Commission’s Final Report on Consumer Bankruptcy Issues, What Creditors Need to Know

Bradley Arant Boult Cummings LLP on

The American Bankruptcy Institute’s Commission on Consumer Bankruptcy  released its Final Report and recommendations on April 12, 2019. The commission was created in 2016 to research and develop recommendations to improve the...more

Womble Bond Dickinson

A Friendly Reminder On Credit Reporting: Accounts Discharged in Bankruptcy

Womble Bond Dickinson on

Earlier this week, the United States District Court for the Middle District of Tennessee reminded us of an important (and sometimes forgotten) wrinkle to the Fair Credit Reporting Act (“FCRA”). In Blanch v. Transunion, the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 11, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more

Ballard Spahr LLP

New Putative FCRA Class Action May Signal a Trend

Ballard Spahr LLP on

A borrower recently filed a putative class action against Fannie Mae under the Fair Credit Reporting Act (FCRA) in federal court in Washington, D.C., alleging that Fannie engaged in unauthorized inquiries into borrowers'...more

Ballard Spahr LLP

Flurry of FCRA Complaints Recently Filed in Nevada Courts

Ballard Spahr LLP on

Approximately 50 cases have been filed recently in Nevada state and federal courts against furnishers of information and credit reporting agencies (CRAs) for alleged Fair Credit Reporting Act (FCRA) violations. It appears...more

Spilman Thomas & Battle, PLLC

The Bankruptcy Discharge, Debt Buyers, and Credit Reporting: Recent Developments

Spilman Thomas & Battle, PLLC on

Recent news stories by The New York Times and NPR have brought much attention to a question that many creditors likely face on a regular basis: When a debt is sold to a debt buyer prior to the debtor entering bankruptcy, what...more

Sands Anderson PC

Rogue CFO III – Background Checks

Sands Anderson PC on

Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire...more

Burr & Forman

Mortgage Debt Lesson: Don't Pursue Collection Of A Discharged Mortgage

Burr & Forman on

Creditors should double check the bankruptcy status of a debtor/borrower before pursuing collection. As a pending case illustrates, pursuing collection of an initially reaffirmed, but later discharged mortgage could be a...more

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