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Claim Against Furnisher Fails Unless dispute made

Flax v. Navient Solutions, Inc., 2017 WL 1153889 (March 28, 2017 D. MD.) Judge Marvin J. Garbis The Plaintiff checked his credit report and learned that his father had taken out three separate loans from Navient Solutions, Inc. in his name. This was done without the knowledge or consent of the Plaintiff and through by forging his signature. Included in the Plaintiffs Complaint was a Count for violation of the Fair Credit Reporting Act, Section 1681s-2(b). Under this section, those who furnish information to the credit reporting agencies have a responsibility to investigate the accuracy of reported information upon notice

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Failure to pay mortgage does not relieve mortgage companies of responsibilities under FCRA

Mohamed v. Select Portfolio Servicing, Inc., et al, 215 F.Supp.3d 85 (Dist. D.C.)   The mortgage was transferred among various servicers and various holders over the course of its life. The consumer/mortgagor, Mr. Mohamed, requested confirmation from his various servicers that they were entitled to payment on the note. Mr. Mohamed eventually stopped paying on the note (in fact, he didn’t make a payment for over five years), stating that his current servicer, EMC, had failed to establish that they were the holder of the Note.   Mr. Mohamed filed disputes with the credit reporting agencies (CRA’s) to dispute the

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Lost in Bank’s Computer System: Violation of Discharge Injunction

Zombro v. SunTrust; AP No. 06 – 1166; April 14, 2008 This case involved a credit card account and a deed of trust at SunTrust bank. The first legal issue the court addressed was whether or not the debtor would be allowed to amend their complaint against the bank. To this, the court decided that “Under the notice pleading approach adopted in Federal Rule of Bankruptcy Procedure 7008, the bank had sufficient notice both of the claim (violation of the discharge injunction) and the remedy (attorney’s fees) sought by the debtors as well as supporting allegations of fact. See Fed.R.Civ.P.

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No excuse not to have credit counseling course

In re Houston; Case No. 08-11848; April 11th, 2008   The debtor, in this case, filed a Chapter 13 without yet having the necessary credit counseling certificate yet. Instead of this certificate, she filed a certification of exigent circumstances, stating that she will be evicted without the court’s protection.   The court cites Bankruptcy Code §109(h)(3)(A), which allows the credit counseling requirement to be waived if the debtor submits to the court a certification that (1) “describes exigent circumstances that merit a waiver” of the credit counseling requirement; (2) “states that the debtor requested credit counseling services from an approved

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Bankruptcy and Virginia Corporate Law

In re Cummings; Case No. 07-13758-SSM; April 10th, 2008 The lawsuit brought in bankruptcy case highlights the core aspects of Virginia’s corporate law. The individual debtor filed a Chapter 11 under the bankruptcy code to reorganize her debts. The debtor then brought an action for breach of contract arising from the sale of a business, a declaratory judgment that salary repayment and non-compete provisions in an employment agreement she signed are unenforceable, and damages for breach of fiduciary duty. The court restated the standard for summary judgment that it was going to use. Importantly, the court noted that “the Supreme

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Notice of Bankruptcy Case

In re US Airways, Inc.; Case No. 04-13819-SSM; March 27th, 2008 In a chapter 11 case, a debtor that continues in business following confirmation of a plan or reorganization is discharged from all debts arising prior to confirmation. 11 U.S.C. § 1141(d). However, before such a claim can be discharged, creditors must be afforded adequate notice of the bankruptcy case, as well as of the deadline set for filing claims against the debtor. Zurich American Ins. Co. v. Tessler (In re J.A. Jones, Inc.), 492 F.3d 242, 249(4th Cir. 2007). These required types of notice depend on whether a creditor

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