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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11892
Experience:  JD, MBA
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Are creditors who report an account to the credit bureaus as

Customer Question

Are creditors who report an account to the credit bureaus as "Past due" or "Collections" while a Ch 13 is ongoing in violation of the FCRA ?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

No, it is not a violation of the FCRA. However, it is a violation of the Bankruptcy Code. Specifically, it is a violation of the automatic stay under Section 362 (CLICK HERE to review the Code), which prohibits any attempts to collect a debt until the bankruptcy is closed. Reporting to the credit bureaus is deemed an attempt to collect a debt.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

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Customer: replied 3 years ago.
Does that include a creditor and a debt that was added post-petition ?
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

Yes, that includes a creditor and debt added post-petition.

Please let me know if you need further clarification, as I am happy to continue assisting you.

Thank you for using our service!

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