33 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 366 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Carvalho v. Equifax Information Services, LLC
629 F.3d 876 (9th Cir. 2010) Cited 1,125 times 4 Legal Analyses
Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”
Mamani v. Berzain
654 F.3d 1148 (11th Cir. 2011) Cited 576 times
Holding that shootings based on "individual motivations (personal reasons) not linked to defendants" and those "compatible with accidental or negligent shooting" are not extrajudicial killings
Chiang v. Verizon New Eng.
595 F.3d 26 (1st Cir. 2010) Cited 372 times 3 Legal Analyses
Holding that, in suits against furnishers and agencies alike, a plaintiff must "demonstrate some causal relationship between the ... allegedly unreasonable reinvestigation and the failure to discover inaccuracies in his account."
Ray v. Equifax Info. Servs
327 F. App'x 819 (11th Cir. 2009) Cited 279 times
Affirming district court's refusal to reopen discovery where plaintiff did not specify what information he was unable to obtain during discovery or how further discovery would have been helpful in resolving the issues
Cahlin v. General Motors Acceptance Corp.
936 F.2d 1151 (11th Cir. 1991) Cited 326 times
Holding that in order to state a claim for a violation of the similarly-worded § 1681e(b), a plaintiff must show that the CRA actually reported inaccurate information and that it failed to follow reasonable procedures
Deandrade v. Trans Union LLC
523 F.3d 61 (1st Cir. 2008) Cited 183 times 3 Legal Analyses
Holding the question of whether a consumer is entitled to stop making debt payments "can only be resolved by a court of law" and is "a legal issue that a credit agency such as Trans Union is neither qualified nor obligated to resolve under the FCRA"
In re Nash
765 F.2d 1410 (9th Cir. 1985) Cited 199 times
Holding that any undistributed earnings paid to a Chapter 13 trustee pursuant to a confirmed plan must be returned to the debtor upon dismissal of the Chapter 13 case
Wright v. Experian Info. Sols., Inc.
805 F.3d 1232 (10th Cir. 2015) Cited 82 times 2 Legal Analyses
Affirming summary judgment to Trans Union where consumer disputed validity of tax lien
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1322 - Contents of plan
11 U.S.C. § 1322 Cited 5,633 times 13 Legal Analyses
Excluding wages used to repay 401(k) loans from disposable income
Section 1328 - Discharge
11 U.S.C. § 1328 Cited 3,309 times 6 Legal Analyses
Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”
Section 1327 - Effect of confirmation
11 U.S.C. § 1327 Cited 1,963 times 3 Legal Analyses
Stating the general rule that “[e]xcept as otherwise provided in the plan or in the order confirming the plan, the property [that a confirmed plan distributes] is free and clear of any claim or interest of any creditor provided for by the plan.”
Section 1681i - Procedure in case of disputed accuracy
15 U.S.C. § 1681i Cited 1,465 times 25 Legal Analyses
Relating to indirect disputes
Section 1681e - Compliance procedures
15 U.S.C. § 1681e Cited 1,362 times 62 Legal Analyses
Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes
Rule 3002 - Filing Proof of Claim or Interest
Fed. R. Bankr. P. 3002 Cited 1,067 times 5 Legal Analyses
Excepting from the 90–day deadline “[a]n unsecured claim which arises in favor of an entity ...”

Iles v. Equifax Information Services, Llc et al

33 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”

Holding that shootings based on "individual motivations (personal reasons) not linked to defendants" and those "compatible with accidental or negligent shooting" are not extrajudicial killings

Holding that, in suits against furnishers and agencies alike, a plaintiff must "demonstrate some causal relationship between the ... allegedly unreasonable reinvestigation and the failure to discover inaccuracies in his account."

Affirming district court's refusal to reopen discovery where plaintiff did not specify what information he was unable to obtain during discovery or how further discovery would have been helpful in resolving the issues

Holding that in order to state a claim for a violation of the similarly-worded § 1681e(b), a plaintiff must show that the CRA actually reported inaccurate information and that it failed to follow reasonable procedures

Holding the question of whether a consumer is entitled to stop making debt payments "can only be resolved by a court of law" and is "a legal issue that a credit agency such as Trans Union is neither qualified nor obligated to resolve under the FCRA"

Holding that any undistributed earnings paid to a Chapter 13 trustee pursuant to a confirmed plan must be returned to the debtor upon dismissal of the Chapter 13 case

Affirming summary judgment to Trans Union where consumer disputed validity of tax lien

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Excluding wages used to repay 401(k) loans from disposable income

Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”

Stating the general rule that “[e]xcept as otherwise provided in the plan or in the order confirming the plan, the property [that a confirmed plan distributes] is free and clear of any claim or interest of any creditor provided for by the plan.”

Relating to indirect disputes

Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

Excepting from the 90–day deadline “[a]n unsecured claim which arises in favor of an entity ...”