Consumer complaint received 2026-04-27 00:00:00
Product: Debt collection — Payday loan debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Upstart Holdings, Inc.
State: PA

Complaint narrative:
To : Consumer Financial Protection Bureau ; Pennsylvania Office of Attorney General Bureau of Consumer Protection Date : XX/XX/XXXX From : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Telephone : XXXX Email : XXXX Re : Formal Complaint Against Upstart Network , Inc. Account No. XXXX Dear Sir or Madam, I am submitting this formal complaint and rebuttal regarding Upstart Network , Inc.s response to my dispute concerning the above-referenced account. Their position is inaccurate, legally deficient, and in violation of multiple federal bankruptcy protections and consumer protection laws. First, Upstart claims that this loan originated after my XX/XX/XXXX XXXX XXXX XXXX filing and was not included in my case. However, their own reporting reflects a Date Opened of XX/XX/XXXX, which falls squarely within the active period of my XXXX XXXX XXXX which remained in effect until discharge on XX/XX/XXXX. This is a critical discrepancy that directly contradicts their assertion. LEGAL VIOLATIONS : 1. Violation of the Automatic Stay ( 11 U.S.C. 362 ) The automatic stay prohibits any act to collect, assess, or recover a claim against the debtor once a bankruptcy petition is filed. Any attem pt by Upstart to originate, service, or collect on this debt during the pendency of my XXXX XXXX case constitutes a direct violation of federal law. 2. Failure to File Proof of Claim ( 11 U.S.C. 501, 502 ) Upstart failed to file a Proof of Claim in my XXXX XXXX bankruptcy proceeding. Creditors who fail to file a claim are barred from receiving distributions and can not later attempt to collect outside the bankruptcy process. Their failure forfeits any right to enforce this alleged debt. 3. Violation of the Discharge Injunction ( 11 U.S.C. 524 ) Following my discharge on XX/XX/XXXX, any attempt to collect on debts that should have been addressed during the bankruptcy process is strictly prohibited. Continued reporting and collection efforts constitute unlawful post-discharge collection activity. 4. Unauthorized Collection Activity During Bankruptcy Any payments solicited or collected during the active bankruptcy period were unauthorized and in violation of federal protections afforded to debtors. 5. Fair Credit Reporting Act ( 15 U.S.C. 1681 ) Violations Upstart is reporting inaccurate and misleading information to credit reporting agencies, including : * Incorrect characterization of the account status * Failure to reflect bankruptcy protections * Reporting a balance that may not be legally enforceable 6. Pennsylvania Unfair Trade Practices and Consumer Protection Law ( 73 P.S. 201-1 et seq. ) Upstarts conduct constitutes deceptive and unfair business practices within the Commonwealth of Pennsylvania. RELEVANT CASE LAW : * In re Johnson, 501 U.S. 78 ( 1991 ) Affirms broad protections under the Bankruptcy Code * Taggart v. Lorenzen, 139 S. Ct. 1795 ( 2019 ) Establishes creditor liability for discharge violations * In re Lansaw, 853 F.3d 657 ( 3d Cir. 2017 ) Confirms sanctions for stay violations within the Third Circuit ( applicable to Pennsylvania ) * In re Adams, 516 F.3d 115 ( 3d Cir. 2008 ) Reinforces creditor obligations under bankruptcy law DEMAND FOR RELIEF : I am demanding the following actions immediately : 1. Deletion of this account from all credit reporting agencies 2. Written confirmation that the debt is no longer being pursued 3. Full accounting of any payments collected during the bankruptcy period 4. Cease and desist all collection activity 5. Investigation into Upstarts compliance with federal bankruptcy law If these matters are not resolved promptly, I am prepared to pursue further legal action, including filing a federal lawsuit for damages, sanctions, and attorneys fees. This complaint is submitted in good faith and supported by documented evidence. I expect a thorough investigation and enforcement of all applicable laws.

Company response to consumer: Closed with explanation