Ninth Circuit Bankruptcy Appellate Panel Holds Creditor’s Post-petition Reporting of Overdue Payment

in In re Keller, the Bankruptcy Appellate Panel for the Ninth Circuit held that an act of post-petition credit reporting of delinquent payments while the case is pending is not a per se violation of 11 U.S.C. Section 362(a)(6). In Keller, the debtors contended that the creditor's post-petition reporting of delinquent mortgage payments violated the automatic stay and the confirmation order in their Chapter 13 case. The bankruptcy court ruled that the actions were not a stay violation and did not violate the confirmation order. The BAP held that the bankruptcy court did not err in finding that the creditor’s actions did not violate Section 362(a)(6) and did not violate the confirmation order under 11 U.S.C. Section 1327(a).

See opinion.