Subscribe To Our RSS Feed
Receive Updates via E-Mail:

Category Archives: Discharge Violations



In the recent case of in-re-eady.pdf, Adv. Pro. No. 07-90271-jm (S.D. Cal. 2008) the court excused a creditor’s alleged violation of the discharge injunction and granted summary judgment against the debtor. The Court found that the acts of the defendant, alleged by the plaintiff to be violations of 11 U.S.C. § 524, were conducted […]



Credit reporting agencies typically report bankruptcy information for a period of ten (10) years. This, however, does not mean that your credit rating will remain low for that entire time. Credit scoring takes into account the age of derogatory information, and discounts the value of that information the older it is. Therefore, […]



You’ve heard it all before - a creditor continues to send dunning notices to a debtor after the filing of a bankruptcy case. You call to notify of the bankruptcy case information and are told that they never got notice.
Another case of a misplaced court notice, or stonewalling?
You guessed it, folks - you’re being […]



In yet another victory for consumers seeking to enforce their rights in bankruptcy court, Judge Leif M. Clark of the Western District of Texas got it right.  In the case of In re Calvillo, Plaintiff sued a Defendant in bankruptcy court alleging, among other things, a violation of the Fair Credit Reporting Act.  The Defendant […]



A question continually comes up as to whether a debtor is forced to turn to the bankruptcy courts when a creditor violates the Fair Credit Reporting Act with respect to a discharged debt or whether the doors of the District Court remain open.The leading case, cited by virtually every creditor when faced by this question, […]