Unfortunately sometimes consumers must file Chapter Seven Bankruptcy (“straight bankruptcy”) and this results in debts, including debts owed to Capital One, being discharged. Years later the consumer may need to file a Chapter Thirteen Bankruptcy to save a house or because of medical bills and Capital One will file a fraudulent “proof of claim” in the new bankruptcy case to get paid on the discharged debt.
Capital One knows the old debt has been discharged as it was a part of the original bankruptcy but it appears that Capital One has thought it had a “free shot” to try and illegally get paid in the second bankruptcy.
Our fellow consumer lawyer Jay Fleischman has an interesting post about Capital One agreeing that it has received hundreds of thousands of dollars from this type of illegal activity. If you are currently in a chapter thirteen bankruptcy after having been through a chapter seven bankruptcy, and you have had a Capital One card, you may want to see if you have also been a victim of this evil practice.
If you live in Alabama and you have any questions about this issue, feel free to contact us.
Another resource for you is to join our Facebook Fan Page – Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.