Picture this: you and your spouse both file for Chapter 7 bankruptcy together. The same account is discharged on the same date. You check your credit reports a few months later. Your spouse’s report shows the account correctly: discharged. Your report? Still showing it as “past due.”
Same account. Same discharge. Same bankruptcy filing. Two completely different outcomes, depending on whose name is listed first.
That is exactly what Dennis and Peggy Goyette say happened to them, and in July 2026, they filed three separate federal lawsuits targeting Equifax, Experian, and TransUnion all at once. The cases allege that the credit bureaus’ internal systems are fundamentally broken when it comes to handling joint accounts in bankruptcy and that millions of Americans may be affected by the same flaw.
What Happened to the Goyettes
Dennis and Peggy Goyette held a joint account with Achieva Credit Union. On April 8, 2025, a federal bankruptcy court discharged that account as part of their Chapter 7 case. Under federal law, a discharge means the debt is legally extinguished creditors cannot collect it, and it should not appear on credit reports as a current obligation.
After the discharge, the Goyettes checked their credit reports. Peggy’s reports from all three bureaus correctly reflected the Achieva account as discharged. Dennis’s reports told a different story: all three bureaus were still showing the account as “past due.”
The exact same debt, discharged in the exact same proceeding, appearing in two completely different ways on two credit files that should have received identical updates.
Experian allegedly added a second error on top: its report described the account as “closed at consumer’s request” a characterization that did not happen and that could imply Dennis voluntarily closed the account rather than had it discharged in bankruptcy.
The Three Lawsuits
The Goyettes filed three parallel complaints on the same day in July 2026, each targeting one bureau:
| Case | Case Number | Court |
|---|---|---|
| Goyette v. Equifax Information Services LLC | 8:26-cv-01838 | U.S. District Court, Middle District of Florida |
| Goyette v. Experian Information Solutions Inc. | 8:26-cv-01840 | U.S. District Court, Middle District of Florida |
| Goyette v. TransUnion LLC | 8:26-cv-01841 | U.S. District Court, Middle District of Florida |
All three cases are assigned to Judge John L. Badalamenti. The cases are in early stages, no class has been certified, no settlement has been proposed, and no trial date has been set.
What Law Was Violated
The lawsuits are brought under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.
The key provision is 15 U.S.C. § 1681e(b), which requires consumer reporting agencies to “follow reasonable procedures to assure maximum possible accuracy” of the information in consumer credit reports.
The complaints argue that the bureaus’ procedures for handling joint accounts after a bankruptcy discharge are not reasonable — because they produced opposite results for two people in the same household on the same account in the same case.
Relief sought includes:
- Declaratory judgment that each bureau violated the FCRA
- Injunctive relief compelling the bureaus to fix their joint-account bankruptcy procedures
- Statutory damages under the FCRA
- Punitive damages for willful violations
- Attorney’s fees and costs
The law firm representing the Goyettes is Marcus and Zelman LLC, a New Jersey firm that specializes in consumer protection litigation.
Who Could Be in the Proposed Class
The lawsuits seek to represent a nationwide class of consumers who experienced the same type of error. Based on the complaint language, the proposed class includes people who:
- Had a joint account with another person
- That account was discharged in bankruptcy
- The bureau reported the account correctly on the co-accountholder’s credit file
- But reported it incorrectly (as past due, in collections, or open) on the class member’s own file
- Within the two-year FCRA statute of limitations (15 U.S.C. § 1681p)
The exact class definition will be determined by the court if and when class certification is sought. For now, the proposed class is nationwide and could include a significant number of joint bankruptcy filers.
No Settlement Yet – What You Can Do Now
There is no settlement in these cases. No claim form exists. No claim deadline has been announced.
If you believe you have experienced a similar error, a joint account discharged in bankruptcy still appearing incorrectly on your credit report, here is what you can do right now:
1. Pull your free credit reports. Go to annualcreditreport.com and pull reports from all three bureaus. Compare how your discharged accounts are reported versus how they appear on your co-borrower’s reports if possible.
2. Dispute incorrect entries directly. Each bureau has a formal dispute process:
- Equifax: equifax.com/personal/credit-report-services/credit-dispute
- Experian: experian.com/disputes/main.html
- TransUnion: transunion.com/credit-disputes/dispute-your-credit
Under the FCRA, bureaus must investigate disputes within 30 days and correct or delete inaccurate information.
3. File a CFPB complaint. If the bureau fails to correct a legitimate dispute, file a complaint at consumerfinance.gov/complaint. The CFPB tracks credit reporting complaints and can compel responses.
4. Consult a consumer rights attorney. The FCRA allows consumers to sue credit bureaus individually for willful or negligent violations. If you win, you can recover statutory damages of $100 to $1,000 per willful violation, plus actual damages, plus attorney’s fees. Many FCRA attorneys work on contingency.
5. Monitor for settlement news. If these cases settle and a claim period opens, Top Class Actions, ClassAction.org, and this page will have updates.
Why This Case Matters
This is not the first time the credit bureaus have faced scrutiny over how they handle bankruptcy data. A separate $8.31 million TransUnion settlement was approved in September 2026 over bankruptcy remarks appearing incorrectly on credit accounts, a different but related category of FCRA error.
What makes the Goyette cases notable is the internal inconsistency they expose: the bureaus are not just getting bankruptcy data wrong in one direction. They are getting it right for one person in the same household and wrong for the other, which suggests the issue is not simply incomplete data from the bankruptcy court, but a systematic problem in how bureaus match and apply discharge records to individual credit files in joint-account situations.
If the proposed class is certified and the cases move toward settlement, the pool of potentially affected consumers could be substantial. According to the complaints, the two-year lookback alone could cover a significant share of the roughly 400,000 Chapter 7 cases filed annually in the United States.
Frequently Asked Questions
No. The Goyette lawsuits were filed in July 2026 and are in early litigation. No settlement has been reached and no claim form is available. If that changes, we will update this page.
The three cases are filed in the Middle District of Florida: Goyette v. Equifax (8:26-cv-01838), Goyette v. Experian (8:26-cv-01840), and Goyette v. TransUnion (8:26-cv-01841). All are assigned to Judge John L. Badalamenti.
The proposed class covers people who had a joint account discharged in bankruptcy, with the account reported correctly on the co-borrower’s credit file but incorrectly on their own, within the past two years. No class has been certified yet by the court, so formal eligibility has not been established. Consult a consumer rights attorney if you believe you have a similar situation.
Under 15 U.S.C. § 1681n, consumers can recover $100 to $1,000 per willful violation, plus actual damages and attorney’s fees. For negligent violations under § 1681o, you can recover actual damages and attorney’s fees. Many FCRA attorneys take these cases on contingency, meaning you pay nothing unless you win.
The discharge itself is a federal court order but it does not automatically correct every credit file. Creditors and bureaus are legally required to update their records, but errors happen. You must actively monitor your credit reports after a discharge and dispute any inaccurate entries. If the bureaus ignore a valid dispute, you have the right to sue under the FCRA.
Pull your credit reports at annualcreditreport.com. For each incorrect entry, file a written dispute with the relevant bureau using their online portal or by certified mail. Include a copy of your discharge order as supporting documentation. The bureau has 30 days to investigate and respond. If the error is not corrected, consult an FCRA attorney or file a CFPB complaint at consumerfinance.gov/complaint.
FCRA litigation over bankruptcy reporting is common. A notable recent example: a $8.31 million class action settlement against TransUnion (approved September 2026) involving bankruptcy remarks appearing incorrectly on credit reports. The CFPB has also taken enforcement action against all three major bureaus over credit reporting accuracy, most recently issuing supervisory guidance in 2024 directing them to improve dispute resolution processes.
Watching this case? Bookmark this page, we update when settlements are announced. For other open class action settlements you can file on right now, see our full tracker. If your situation involves debt collectors reporting inaccurate information after a bankruptcy, our LVNV Funding guide explains your FDCPA and FCRA rights in detail.
This page is for general information only and is not legal advice. Case details are based on court filings and published legal reporting. Always verify current case status through official court records or a licensed attorney before acting.