March 2017
By: Amy Drushal and Lara Fernandez
Amy Drushal and Lara Roeske Fernandez authored an article published in the March 2017 edition of ALM’s The Corporate Counselor discussing an emerging trend in Fair Credit Reporting Act (FCRA) litigation involving Chapter 13 bankruptcy. Under Chapter 13 bankruptcies, the debtor proposes a repayment plan to make installment payments to creditors over a three- to five-year span. Recently, creditors have increasingly filed suit based on certain credit-reporting actions taken (or not taken) by the debtor during a pending bankruptcy case – after the repayment plan was confirmed but before the debtor met all of its requirements. Unfortunately, the law is not clear about responsibilities and liabilities associated with reporting debt while a Chapter 13 bankruptcy is pending, but Drushal and Fernandez provide insights on best practices to avoid liability or litigation amid uncertainty. For the full article, please click here.
