January 18, 2006: Bank did not violate discharge injunction by falsely reporting discharged debt to credit reporting agency.
A Chapter 7 debtor failed to satisfy her burden of showing that a bank, in reporting a previously discharged debt as past due to a credit reporting agency, had acted with intent to collect or recover this discharged debt. The debtor could not recover from the bank for allegedly violating the discharge injunction, where there was no evidence that the bank's conduct was repeated in other bankruptcy cases, the bank did not refuse to correct the error or make correction difficult, and the bank's conduct, while explainable as an attempt to collect a discharged debt, was also consistent with inadvertent error.
A Chapter 7 debtor failed to satisfy her burden of showing that a bank, in reporting a previously discharged debt as past due to a credit reporting agency, had acted with intent to collect or recover this discharged debt. The debtor could not recover from the bank for allegedly violating the discharge injunction, where there was no evidence that the bank's conduct was repeated in other bankruptcy cases, the bank did not refuse to correct the error or make correction difficult, and the bank's conduct, while explainable as an attempt to collect a discharged debt, was also consistent with inadvertent error.

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