Bankruptcy: In re Cortez

Information that should and should not be reported where there is a bankruptcy.
David A. Szwak

Bankruptcy: In re Cortez

Postby David A. Szwak » Mon Oct 24, 2005 7:08 pm

In re Cortez,
217 B.R. 538, 12 Tex.Bankr.Ct.Rep. 106, Bankr.S.D.Tex., Dec 05, 1997

Former bankruptcy debtor sought to expunge record of his bankruptcy case from court's records, on theory that continued maintenance of information regarding his case in court's records violated the Fair Credit Reporting Act (FCRA). The Bankruptcy Court, Letitia Z. Clark, Chief Judge, held that bankruptcy court was not "consumer reporting agency" under the FCRA.
Motion denied.

Prior bankruptcy case could not be expunged from court's records, on theory that continued maintenance of information regarding case in court's records violated provision of the Fair Credit Reporting Act prohibiting the inclusion, in any consumer report prepared by consumer reporting agency, of bankruptcy case that antedated report by more than 10 years; bankruptcy court was not "consumer reporting agency" under the statute and did not prepare consumer reports.

Papers filed in bankruptcy case and dockets of bankruptcy court are public records and are open to examination by entity at reasonable times without charge. 11 U.S.C. § 107; see also, In re General Homes Corp., 181 B.R. 898 (Bankr.S.D.Tex.1995).

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