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Chapter 13<br><b><i><font="-1">Best Practices in Credit Reporting</b></i></font>

By Amy L. Drushal and Lara Roeske Fernandez

There is a new trend emerging in Fair Credit Reporting Act (FCRA) litigation involving Chapter 13 bankruptcy, a Chapter known as a “wage-earner's plan” under which debtors propose a repayment plan to make installment payments to creditors over three to five years. Increasingly, plaintiffs are filing suit based on certain credit-reporting actions taken (or not taken) during a pending Chapter 13 bankruptcy case, after plan confirmation but prior to the entry of the discharge — when a debtor has met all requirements set by the court.

Although the law is clear as to the responsibilities for reporting a discharged debt in a Chapter 7 or Chapter 13 bankruptcy, it is not as clear about the responsibilities and liabilities associated with reporting debt during the pendency of a Chapter 13 case. This article examines the best practices in credit reporting for companies during a consumer bankruptcy case.

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