Torres v. Chase Bank USA, N.A. (In re Torres), 367 B.R. 478 (Bankr.S.D.N.Y.2007)

Outcome: Denial of Motion to Dismiss.

Description: In a case of first impression, the US Bankruptcy Court for the Southern District of New York held that that the plaintiff stated a claim for a violation of the discharge injunction where she alleged both that the creditor did not update her credit report following her bankruptcy discharge and that the creditor intentionally did not update the report in order to coerce the debtor to pay the debt. In re Torres, 367 B.R. at 489. The court noted that “false or outdated reporting to credit reporting agencies, even without additional collection activity, can constitute an act to extract payment of a debt in violation of section 524(a)(2).”