Legal Question in Credit and Debt Law in California

Dear Legal Team;

I have a credit card ("CC") New York lawsuit with Bank of America ("BOA"). However, I have never dealt with BOA. I was issued a CC in 2005 by Merrill Lynch ("ML"). ML was acquired in the financial crisis by BOA. I have only dealt with ML. The entity suing me is BOA. But I keep getting calls and when I call the CC hotline, I get referred to ML's dept.

I am under the impression that a parent company can not sue on behalf of a subsidiary. Isn't this why we have LLCs? So is this lack of standing and unjust enrichment? I been completely wiped out b/c of COVID and startup failure. I have already filed my answer. I have read all of BOA's CC lawsuit cases. I think BOA will file a motion for summary judgement.

So is my lack of standing and thought on parent suing on behalf of a subsdiary questionable and able to strike the future motion for summary judgement?

Thank you

Asked on 9/24/21, 8:16 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

This will be governed by NY law. Re-ask your question designatingnit as a NY question.

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Answered on 10/02/21, 11:04 am

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