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Tuesday, June 23, 2015

Ind. Decisions - 7th Circuit decides one Indiana case today

In Andrea Childress v. Experian Information Solutions (SD Ind., Pratt), a 5-page opinion, Judges Posner concludes:

There is more that is wrong with her case. Every bankruptcy case that is “withdrawn” at the request of the petitioner is dismissed. There was therefore no inaccuracy in the statement in the plaintiff’s credit report that her bankruptcy petition had been dismissed. Nor is the fact that such a petition is dismissed at the petitioner’s request a reliable sign that she decided not to stiff her creditors by seeking a dis-charge—she may have dismissed the petition because she thought she’d be denied a discharge. To make a consumer credit report fully precise would require an investigation that went far beyond merely noting whether the petition for bankruptcy had been dismissed at the petitioner’s request. The plaintiff does not want that; nor has she shown that it would be a feasible task to lay on the consumer credit-reporting agencies. AFFIRMED

Posted by Marcia Oddi on June 23, 2015 07:49 PM
Posted to Ind. (7th Cir.) Decisions