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David Leibowitz

David Leibowitz

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David is a nationally recognized consumer protection litigation attorney. He has spent over 25 years vigorously defending consumer rights. He is also a Chapter 7 Trustee.


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Posted by
on August 22nd, 2014.

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New York Bankruptcy Court Says that Credit Reporting of Debts after Discharge May Be Illegal

It is illegal to collect a debt which has been discharged in a bankruptcy case. Under the Bankruptcy Code, an honest debtor receives a discharge from any personal obligation for debts arising before bankruptcy. To put teeth into this discharge, the Bankruptcy Code imposes an injunction against anyone from collecting a debt. Specifically, section 524 of the Bankruptcy Code prohibits “the commencement of an action, the employment of process, or an act, to collect, recover, or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived.”

All too frequently, credit card issuing banks fail to report to credit reporting agencies […]

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