United States Trustee to Investigate Bankruptcy Practices of Capital One Bank

In connection with our pending bankruptcy litigation against Capital One Bank, our law firm has been advised that the Office of the United States Attorney is also interested in the “pracitces” of this creditor.  O. Max Gardner III was advised of this new developement during a conversation with the United States Trustees Executive Office on Friday, November 2, 20007.  Specifically, the  Office of the United States Trustee is currently looking into systematic abuses of the Bankruptcy system by Capital One Bank.  Many of the abuses involving the filing of POC’s in current cases for debts that were discharged in prior cases; the filing claims that are clearly barred by the Statute of Limitations; the filing claims that do not have any legal relationship with the current debtor; the filing of claims against authorized users who had no liability on the credit card account; and other similar practices.  If any members of our groups have any such cases, please report them to me.  I would like a copy of the Proof of Claim, the objection or AP, any response or answer, etc.  This is an on-going and active investigation and is in addition to the mortgage servicing investigations.

Please provide any information directly to your local United States Trustee or send it directly to Max at the following email address:  maxgardner@maxgardner.com.

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