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Fair Credit Reporting: (j) Damages.

Any agency or department of the United States obtaining or disclosing any consumer reports, records, or information contained therein in violation of this section is liable to the consumer to whom such consumer reports, records, or information relate in an amount equal to the sum of—

(1) $100, without regard to the volume of consumer reports, records, or information involved;

(2) any actual damages sustained by the consumer as a result of the disclosure;

Fair Credit Reporting: (k) Disciplinary actions for violations.

If a court determines that any agency or department of the United States has violated any provision of this section and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation.

Fair Credit Reporting: (l) Good-faith exception.

Notwithstanding any other provision of this subchapter, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or identifying information pursuant to this subsection in good-faith reliance upon a certification of the Federal Bureau of Investigation pursuant to provisions of this section shall not be liable to any person for such disclosure under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State.

Fair Credit Reporting: (n) Injunctive relief.

In addition to any other remedy contained in this section, injunctive relief shall be available to require compliance with the procedures of this section. In the event of any successful action under this subsection, costs together with reasonable attorney fees, as determined by the court, may be recovered.

Fair Credit Reporting: Amendment History

[Pub. L. No. 90-321, tit. VI, § 625, formerly § 624, as added by Pub. L. No. 104-93, 109 Stat. 974 (Jan. 6, 1996), and renumbered § 625 and amended by Pub. L. No. 107-56, 115 Stat. 327 (Oct. 26, 2001); Pub. L. No. 107-306, 116 Stat. 2426 (Nov. 27, 2002), and renumbered § 626 by Pub. L. No. 108-159, 117 Stat. 1980 (Dec. 4, 2003); Pub. L. No. 109-177, 120 Stat. 214 (Mar. 9, 2006); Pub. L. No. 109-178, 120 Stat. 280 (Mar. 9, 2006); Pub. L. No. 114-23, 129 Stat. 282 (June 2, 2015)]

Fair Credit Reporting: § 1681v. Disclosures to governmental agencies for counterterrorism purposes [FCRA § 627]

(a) Disclosure. Notwithstanding section 1681b of this title or any other provision of this subchapter, a consumer reporting agency shall furnish a consumer report of a consumer and all other information in a consumer’s file to a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with a written certification by such government agency that such information is necessary for the agency’s conduct or such investigation, activity or analysi

Fair Credit Reporting: § 1681x. Corporate and technological circumvention prohibited [FCRA § 629]

The Bureau shall prescribe regulations, to become effective not later than 90 days after the date of enactment of this section, to prevent a consumer reporting agency from circumventing or evading treatment as a consumer reporting agency described in section 1681a(p) for purposes of this title, including—

(1) by means of a corporate reorganization or restructuring, including a merger, acquisition, dissolution, divestiture, or asset sale of a consumer reporting agency; or

Consumer Bankruptcy Law and Practice: 8.3.14 Proof of Insurance in Chapter 13 Cases

A debtor who is retaining personal property subject to a lease or securing a purchase money claim is required, within sixty days after the petition, to provide the lessor or creditor reasonable evidence of the maintenance of any required insurance coverage.169 Normally, such creditors or lessors already will know if insurance lapses, as they are named as loss payees in the policy. Only when insurance has lapsed will such evidence be important to creditors or lessors.

Consumer Bankruptcy Law and Practice: 8.3.15 Filing of Tax Returns with Taxing Authorities in Chapter 13 Cases

Chapter 13 debtors are required to file with the appropriate taxing authorities, by the day before the first scheduled section 341 meeting, all tax returns that the debtor was required to file for all taxable periods ending in the four years before the petition.171 If the debtor was not required to file a return for a particular tax year, no return need be filed for that year to meet this requirement. Presumably this provision applies only to returns that were not already filed, although it does not say so.

Consumer Bankruptcy Law and Practice: 8.3.16.1 Debtor Audits

The 2005 amendments added new provisions for audits to determine the accuracy, veracity, and completeness of debtors’ petitions, schedules, and other information required by sections 521 and 1322 of the Code.176 Most of the audits are conducted in random chapter 7 and chapter 13 cases, except that not less than one out of every 250 cases in each judicial district shall be selected for audit.177 There are to be other targeted audits of the schedules of income and expenses for those with unusually

Consumer Bankruptcy Law and Practice: 8.3.16.2 Rule 2004 Examinations

In rare instances in consumer cases, either before or after the meeting of creditors, the debtor may be ordered by the court to attend an additional examination. A creditor, the trustee, or any party in interest can seek an examination of the debtor (or any other entity) pursuant to Federal Rule of Bankruptcy Procedure 2004.

Consumer Bankruptcy Law and Practice: 8.4.1 Preparation

In many a routine chapter 7 bankruptcy, the only event of any real importance between filing and discharge is the meeting of creditors, sometimes colloquially called the “first meeting of creditors” or the “section 341(a) meeting” in honor of the relevant statutory provision. While it may pose occasional problems, this proceeding is usually routine and uneventful.

Consumer Bankruptcy Law and Practice: 8.4.5 Examination of Chapter 7 Debtors’ Awareness of Bankruptcy Information—Bankruptcy Information Sheet

In chapter 7 cases only, the trustee must orally examine the debtor to “ensure” that the debtor is aware of several things.213 The legislative history makes clear that the sole purpose of this examination is informational.214 Thus, there should be no consequences if the debtor expresses lack of awareness or confusion in the face of the trustee’s examination.

Consumer Bankruptcy Law and Practice: 8.5 Chapter 7 Cases—After the Meeting of Creditors

In the typical no-asset bankruptcy, there is little to be done between the meeting of creditors and the discharge. If the debtor has not yet completed the financial education course, that must be accomplished so that the certification of completion may be filed by sixty days after the first date set for the meeting of creditors. Proceedings commenced by the debtor, such as for lien avoidance or redemption, may be litigated, as well as proceedings concerning dischargeability of debts and other matters. Amendments to the schedules or statement of affairs may be necessary.

Consumer Bankruptcy Law and Practice: 8.7.1 Trustee Payments to Creditors

Once the chapter 13 plan has been confirmed, the trustee usually takes over the administrative details. Although the debtor may have been making payments for some time, no distribution is made until after confirmation unless the trustee has been distributing adequate protection payments. If the time for filing claims has not yet elapsed,250 there may be further delays before all claims are determined and allowed. In the interim, objections to other claims, as well as other disputes that arise, may be litigated.

Consumer Bankruptcy Law and Practice: 8.7.2 Postpetition Claims

Once distribution has begun, events normally flow smoothly for the duration of the plan, with the debtor or the debtor’s employer258 sending payments regularly to the trustee for distribution. The Code provides for incorporation of certain postpetition claims (debts incurred after the petition) into the plan;259 however, such debts may also be paid outside the plan.

Consumer Bankruptcy Law and Practice: 8.7.4 Orders Declaring Secured Claim Satisfied and Lien Released

If the debtor’s chapter 13 plan provides for modification of a secured claim, the debtor may have obtained a determination of the value of the secured claim.278 Any determination of the secured claim amount made through confirmation of the plan is binding on the creditor, even if the creditor files a proof of claim in a different amount and no objection to the claim is filed.279 Upon completion of the chapter 13 plan or payment of the creditor’s allowed secured claim, the debtor may request unde