WILLIAM F. KAETZ V. ECMC; EXPERIAN; TRANSUNION; EQUIFAX
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 1 year 8 months ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- No. 23-2897 (3rd Circuit, Jun 18,2024) Not Published
- Tag(s):
-
- Ruling:
- In this non-precedential per curiuam opinion, the Third Circuit affirmed the decision of the District Court dismissing the pro se debtor, William Kaetz's, complaint against a student loan servicer and credit reporting agencies alleging violations of his chapter 7 discharge. Discharge violations did not occur as there was no support for the debtor's contention that 11 U.S.C. § 523(a)(8), which generally excepts student loan debt from a bankruptcy discharge, was unconstitutional or that defense arguments interpreting Supreme Court precedent were a "fraud on the court."
- Procedural context:
- William Kaetz, proceeding pro se, appealed a District Court order denying his motion to set aside the judgment in a bankruptcy-related action and an order denying his motion for reconsideration. The Third Circuit affirmed the decision of the District Court.
- Facts:
- The debtor, William Kaetz, filed a complaint against Educational Credit Management Corporation (“ECMC”), and three credit reporting agencies, Experian, Equifax, and TransUnion (together, the “CRAs”), arising from actions taken to collect and report his student loan debt. In his second amended complaint, Kaetz averred that he filed a Chapter 7 bankruptcy petition and listed ECMC as a creditor in connection with his student loans. Kaetz alleged that, after the Bankruptcy Court granted him a discharge of his debt, ECMC used harassing telephone calls and letters to collect the student loan debt. ECMC also allegedly informed the CRAs about his debt and the CRAs published the information on his credit report. Kaetz claimed that the defendants violated the Fair Debt Collection Practices Act, that the CRAs violated the Fair Credit Reporting Act, and that the defendants were in contempt of the Bankruptcy Court’s discharge order. He also challenged, among other things, the constitutionality of 11 U.S.C. § 523(a)(8), which generally excepts student
loan debt from a bankruptcy discharge.
- Judge(s):
- JORDAN, RESTREPO, and FREEMAN, Circuit Judges
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