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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.

Do You Have a Question You'd Like Help With? Contact Debt Coach Damon Day. Click here to reach Damon.

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

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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.
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