In re Porcoro

565 B.R. 314, 77 Collier Bankr. Cas. 2d 1127, 2017 Bankr. LEXIS 862
CourtUnited States Bankruptcy Court, D. New Jersey
DecidedMarch 28, 2017
DocketCASE NO.: 15-24387 (SLM)
StatusPublished

This text of 565 B.R. 314 (In re Porcoro) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Porcoro, 565 B.R. 314, 77 Collier Bankr. Cas. 2d 1127, 2017 Bankr. LEXIS 862 (N.J. 2017).

Opinion

OPINION

STACEY L. MEISEL, UNITED STATES BANKRUPTCY JUDGE

I. INTRODUCTION

Presently before this Court is a Motion to Hold Verizon Liable for Violating the Automatic Stay, for Punitive Damages, Legal Fees and Costs (the “Motion”), (Docket No. 11), filed by the debtor, Dominic-James Porcoro (the “Debtor”), by and through his counsel, RC Law Group, PLLC. The Debtor seeks sanctions against Verizon New Jersey Inc., Verizon Long Distance and Verizon Online LLC (collectively “Verizon”), for alleged violation of the automatic stay under 11 U.S.C. §§ 362(a)(6) and 362(k). The narrow issue before the Court is whether a creditor’s accurate reporting post-petition — but. pre-discharge — of a debtor’s outstanding balance to a credit reporting agency violates the automatic stay. This narrow issue is one of first impression within the Third Circuit.

Upon consideration of the parties’ pleadings and oral arguments, this Court finds [316]*316Verizon did not violate the automatic stay in the manner it reported the status of the Debtor’s account to credit agencies during the pendency of the Debtor’s bankruptcy case prior to the Debtor receiving a discharge. In finding that Verizon did not violate the automatic stay, this Court need not review the issue of willfulness or damages under Section 362(k).

II. JURISDICTION AND VENUE

The Court has jurisdiction over this contested matter under 28 U.S.C. §§ 1334(a) and 157(a) and the Standing Order of the United States District Court dated July 10, 1984, as amended October 17, 2013, referring all bankruptcy cases to the bankruptcy court. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2)(G). Venue is proper in this Court pursuant to 28 U.S.C. § 1408. Pursuant to Fed. R. Bankr. P. 7052, the Court issues the following findings of fact and conclusions of law.1

III. BACKGROUND

Pre-petition, the Debtor was a FIOS “triple play” customer of Verizon who utilized Verizon’s telephone, internet and FIOS TV service. (Docket No. 31). At some point, the Debtor ceased paying his Verizon account. Consequently, on or about June 2015, Verizon suspended service on the Debtor’s account for non-payment. (Id.)

On July 31, 2015 (the “Petition Date”), the Debtor filed a voluntary petition for relief under Chapter 7 of Title 11 of the United States Code (the “Bankruptcy Code”). On Schedule F of his Petition, the Debtor scheduled “Verizon” as an unsecured creditor in the amount of $1,709.00. The address for Verizon listed on the Petition is: “Attn: ^Bankruptcy Dept,, 500 Technology Drive, Suite 550, Weldon Spring, MO 63304.”

On August 5, 2015, the Court’s Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors & Deadlines (“Bankruptcy Notice”) was sent to all creditors listed on the Petition, including Verizon, informing the listed creditors of the Debtor’s bankruptcy filing. (Docket No. 5).

A. The Debtor’s Stay Violation Motion Against Verizon

On November 12, 2015, the Debtor filed the Motion presently before this Court. (Docket No. 11). In the Motion, the Debtor argued three main points. First, the Debt- or asserted that Verizon had notice of his bankruptcy filing. (Id. at 2). Second, the Debtor asserted that “Verizon continued its collection efforts against the Debtor” after he filed bankruptcy by reporting an outstanding balance due on the Debtor’s credit report on September 1, 2015 without seeking stay relief. (Id.) Third, the Debtor argued that Verizon’s post-petition, pre-discharge credit reporting constituted a willful violation of the automatic stay under Section 362(k). (Id.)

As part of the Motion, the Debtor provided this Court with an excerpt of a report titled “Bankruptcy Credit Report,” dated October 27, 2015, issued by CIN Legal Data Services (the “October 27, 2015 Bankruptcy Credit Report”). (Docket No. 11, Ex. D). The October 27, 2015 Bankruptcy Credit Report detailed all of the Debtor’s reported non-mortgage liabilities with balances as of October 27, 2015. At the time of the October 27, 2015 Bankruptcy Credit Report, a total of nine creditors separately reported the Debtor’s debt [317]*317with them to either TransUnion, Experian or both of these agencies. Of the nine reported non-mortgage liabilities, the October 27, 2015 Bankruptcy Credit Report showed that Verizon reported the Debtor’s debt in the amount of $1,708.00 to Tran-sUnion as “current” and “past due”:

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(Id.)

On November 13, 2015, the Debtor received his discharge in the instant case. On the same date, Verizon again reported the status of the Debtor’s account to TransUn-ion and Experian, but changed it to show $0.00 as current and $0.00 as past due. (See the “December 23, 2015 Bankruptcy Credit Report”) (Docket No. 35-1, Ex. 2).

Thereafter, pursuant to the Court’s request for supplemental briefing,2 the Debt- or filed a Memorandum of Law in Support of Debtor’s Motion to Find Verizon Liable for Violating the Automatic Stay on December 14, 2015. (Docket No. 19). In the supplemental memorandum, the Debt- or argued that as of the Petition Date, “Verizon was obligated to immediately cease any and all collection attempts ... [yet] continued its collection efforts against [the] Debtor [when] it re-report[ed] this debt [on September 1, 2015] with an outstanding balance due on Debtor’s credit report.” (Id. at 4). The Debtor further argued that Verizon’s actions “resulted in additional negative reporting and further reduction in Debtor’s credit score.” (Id.)

B. Verizon’s Opposition to the Debtor’s Stay Violation Motion

On January 26, 2016, Verizon filed its Opposition of Verizon to Debtor’s Motion to Hold Verizon Liable for Violating the Automatic Stay, for Punitive Damages, Legal Fees and Costs (the “Opposition”). (Docket No. 31). Specifically, Verizon argued that: (1) it followed the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681-1681x, when it initially reported the Debtor’s outstanding balance post-petition — but pre-discharge — and later updated its report after the Debtor was discharged; and (2) Verizon’s truthful post-petition reporting of the debt owed to it did not violate the automatic stay. In its Opposition, Verizon also admitted to receiving notice of the Debtor’s bankruptcy filing on August 7, 2015 — eight days after the Petition Date. Verizon contended that at that time of notice, it “updated the collection status of Debtor’s account to in[318]

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Bluebook (online)
565 B.R. 314, 77 Collier Bankr. Cas. 2d 1127, 2017 Bankr. LEXIS 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-porcoro-njb-2017.