Bankruptcy

Challenging the Accuracy of Bankruptcy Credit Reporting | Indiana Consumer Files Lawsuit Against Experian and Green Tree | Bankruptcy Reaffirmations and Ride Throughs

Cento Law, LLC attorney G. John Cento filed a lawsuit against Experian Information Solutions, Inc. and Green Tree Servicing, LLC alleging numerous violations of the Fair Credit Reporting Act. In the suit, Plaintiff alleges Experian and Green Tree inaccurately reported his mortgage account which had been included in bankruptcy but which survived the bankruptcy as a “ride through.”

Class Action Against Green Tree Challenging Accuracy of Joint Account Holder Bankruptcy Credit Reporting

Lawsuit Filed Against Green Tree for Reporting a False Bankruptcy

June 7, 2013

Today, Cento Law, LLC attorney G. John Cento filed a class action lawsuit against Green Tree Servicing, LLC alleging numerous violations of the Fair Credit Reporting Act. In the suit, Plaintiff alleges Green Tree inaccurately reported his mortgage account to the consumer reporting agencies (Experian, Equifax and/or Trans Union) that he had included his mortgage in bankruptcy even though Plaintiff had never filed bankruptcy.

Class Action Suit Against Experian & CSC

Indiana Consumer Files Class Action Suit Against Experian and CSC | Challenging the Accuracy of Bankruptcy Credit Reporting 

Today, Cento Law, along with Eric Pavlack, filed a class action lawsuit against two consumer reporting agencies, Experian Information Services, Inc. and CSC Credit Services alleging numerous violations of the Fair Credit Reporting Act. In the suit, Plaintiff alleges the consumer reporting agencies inaccurately reported her bankruptcy on her credit report as dismissed when it was in fact withdrawn and failed to report that her bankruptcy was withdrawn before any bankruptcy plan was approved.  Earlier this year, Plaintiff filed a similar lawsuit against Trans Union, LLC.

If you have any questions regarding this lawsuit, then please feel free to contact us.

How Long Will a Withdrawn or Dismissed Bankruptcy Stay on Your Credit Report?

A bankruptcy can end in a number of ways prior to discharge; for example, a bankruptcy can be subsequently withdrawn at the request of the debtor or dismissed by the court for a variety of reasons. There are several reasons a debtor may file bankruptcy just as there are several reasons why a debtor may decide to seek withdrawal of that bankruptcy.  Because bankruptcy filings are public record those filings will eventually be picked up by the third party public information vendors which consumer reporting agencies use to collect public record information or directly by the consumer reporting agencies through the electronic PACER court reporting service.

Federal law requires that consumer reporting agencies that choose to report a bankruptcy must also report the type of bankruptcy filed (e.g. Chapter 7, Chapter 13, etc.) and, in the case of a withdrawn bankruptcy, that the bankruptcy has been withdrawn.  The current practice of the consumer reporting agencies is to report a bankruptcy, including a withdrawn or dismissed bankruptcy, on a debtor’s credit report for up to 10 years.