Untangling Compliance Issues in Credit Reporting, Debt Collection, and Bankruptcy (Volume 35, Number 12–December 2019)
Author: Justin A. Kesselman.
Source: Volume 35, Number 12, December 2019 , pp.149-156(8)
Abstract:
Compliance with the FCRA and FDCPA can be challenging in ordinary situations, but becomes far more complex and entangled when the debtor files for bankruptcy protection. The author discusses these complexities, focusing on fair credit reporting and the effect of a bankruptcy filing, reporting a discharged debt, and limitations on credit reporting liability. He then turns to fair debt collection from a bankrupt debtor and the wide split in the courts over whether (or the extent to which) the Bankruptcy Code displaces the FDCPA.Keywords: Fair Credit Reporting Act (“FCRA”); Fair Debt Collection Practices Act (“FDCPA”); Reporting Discharged Debt; Fair Debt Collection from the Bankrupt Debtor
Affiliations:
1: Arent Fox LLP.