Subscribe to our mailing list

X

I Had a Capital One Card in My Chapter 13 Bankruptcy and Now They Are Going After My Mom. – Tonia

By on June 11, 2010
I Had a Capital One Card in My Chapter 13 Bankruptcy and Now They Are Going After My Mom. – Tonia

“Dear Steve,

I filed chapter 13 October 2008. A Capital One Credit Card charge was included. At my meeting for creditor’s they did not appear nor was there a claim for me to repay the card to them made to be included in my payments. My mother was a cosigner on the card and now they’re suing her.

What are our options. I would like to repay them in my chapter 13 because I simply can not pay them on the terms they’ve suggested. Financially it’s impossible. My mother is retired and living on a fixed income. We go to court today at 3:30 and I would like for them to allow me to repay my debt, but within reason and I plan on expressing that today in court. My income is less than 29 thousand a year, but it’s not impossible to repay them, just within reason. Any advise you have to offer is appreciated.

Tonia”

Dear Tonia,

The problem is that when your mother cosigned for the card she accepted FULL financial liability for the card if you could not repay or in this case, discharged the debt in bankruptcy.

Since this card was probably listed in your bankruptcy, Capital One is most likely going to focus their efforts on suing your mother and going after her since she is responsible for the debt.

The most likely solution at this point is for you you and your mother to come to an agreement with Capital One for a monthly payment you can afford together.

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.

morehelp1 Choice1 Choice2 Choice3 Big Hug!
Get Out of Debt Guy - Twitter , G+ , Facebook
If you have a credit or debt question you'd like to ask just use the online form .
READ  Want to Stop Getting into Debt? Quit Doing This One Thing

Last step, fill out the information below or call us for Priority Assistance.

What problems are you having with your report?

Your first name is required. Your first name is required to be at least 2 characters. Your first name cannot be longer than 50 characters.
Your last name is required. Your last name is required to be at least 2 characters. Your last name cannot be longer than 50 characters.
Your email is required.
Your phone is required. Your 10 digit phone number is required.
Your state is required.
Your age is required. Your age must be greater than 18. Your age must be less than 100.

By clicking on the "Contact Me" button above, you consent, acknowledge, and agree to the following: Our Terms of Use and Privacy Policy and to receive electronic communications. We take your privacy seriously. That you are providing express "written" consent for Debt.com or appropriate service provider(s) to call you (including through automated means; e.g. autodialing, text and pre-recorded messaging) via telephone, mobile device (including SMS and MMS - charges may apply), even if your telephone number is currently listed on any internal, corporate, state or federal Do-Not-Call list. Consent is not required as a condition to utilize Debt.com services and you are under no obligation to purchase anything.

By clicking on the “Contact me” button above, you consent, acknowledge, and agree to the following: (1)That you are providing express “written” consent for Lexington Law Firm, Debt.com or appropriate service provider(s) to call you (including through automated means; e.g. autodialing, text and pre-recorded messaging) via telephone, mobile device (including SMS and MMS – charges may apply), or dialed manually, at my residential or cellular number, even if your telephone number is currently listed on any internal, corporate, state or federal Do-Not-Call list; and (2)Lexington Law’s Privacy Policy and Terms of Use and Debt.com’s Terms of Use and Privacy Policy. Consent is not required as a condition to utilize Lexington Law or Debt.com services and you are under no obligation to purchase anything.

About Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

Share a Comment / Leave a Reply

%d bloggers like this: