Legal Question in Bankruptcy in Georgia

Filed Chapter 7 in the beginning of 2012, discharged in mid 2012. One of the cards discharged was a capital one card. This same card/account was part of their lawsuit which Capital one lost. I'm sure you heard about it, as they has to pay 210 million to customers. I recently received a letter stating that per this lawsuit, they were 'crediting' my account in the amount of ~$600 (somewhere in that ballpark). can I request a check instead? Not sure how they can credit a closed account anyway.

Asked on 6/03/13, 4:57 am

1 Answer from Attorneys

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No. Your liability on the debt was discharged and you owe no money to Capital One but a debt was still owed to them by you. They are applying that towards any balance - its still uncollectible.

I am familiar with the lawsuit generally by the FTC against Capital One. However, I am not familiar with the terms of the settlement. Unless it gave affected consumers a right to demand and receive compensation then you are going to be stuck.

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6/05/13, 1:38 pm

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