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Bankruptcy Reporting

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In Radney v. Bayview Loan Servicing, LLC, 2016 WL 3551677, at *3 (N.D.Ill., 2016), Judge Darrah denied a motion to dismiss a FCRA claim arising out of a creditor's post-discharge credit reporting. Bayview argues that Plaintiff's allegations are refuted by the documents attached to his Amended Complaint. Specifically, Bayview references a corrected credit report dated September 4, 2015, from Experian,… Read More

In Jackson v. Experian Information Solutions, Inc., et. al., 2016 WL 2910027, at *3-5 (N.D.Ill., 2016), Judge Kennelly found that a Chapter 13 debtor stated a claim that a loan servicer's post-Chapter 13 bankruptcy reporting remained inaccurate even after the furnisher made corrections because it did not correct all the inaccuracies in the consumer's report. In count 2 of his complaint, Jackson… Read More

In Blakeney v. Experian Information Solutions, 2016 WL 1535085, at *1-2 (N.D.Cal., 2016), Judge Koh grants a Motion to Dismiss filed by a FCRA furnisher who was alleged to have failed to properly re-investigate a dispute regarding an account that passed through Chapter 13. On November 7, 2014, Plaintiff filed for Chapter 13 bankruptcy. ECF No. 1 (“Compl.”) ¶ 5. “Chapter… Read More

In Asufrin v. Roundpoint Mortgage Servicing Corporation, 2016 WL 1056669, at *1 (N.D.Ill., 2016), Judge Aspen allowed a bankruptcy FCRA claim to proceed past the pleadings stage.  In Asufrin, the Plaintiff alleged that RoundPoint mismanaged the credit reporting of her mortgage loan after she obtained a bankruptcy discharge.  Despite Plaintiff's order of discharge, her Experian credit report revealed that RoundPoint was reporting the… Read More

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