Capital one buy out of Discover banks charge offs

15 replies

• Eileen · November 30, 2025

  Hi Pamela,

  I got served by capone about a week ago. After watching one of Brians videos I decided to file a motion to dismiss. Have you found something on this site that explains the process? I'm working on my dismissal through the gpt access, but I really want to be sure I'm doing things correctly. I hope your able to get the guidance you need to get you through your case. Eileen

• brian · December 1, 2025

  Should be plenty of videos and forms on the site. However, with the right (write) prompts and the rocketship, it will go deep for you and provide the right docs for your review. Good luck.

• Savvy · December 10, 2025

  I just got my CapOne/Discover Merger lawsuit 2 days ago. I am pretty excited, because I can read the lawsuit and see a lot of the problems they made for themselves already,but its a $10K+ CC debt charge off, and I will have more of these coming down the pipeline. Watching the videos about this and account vs debt holder etc. I have 28 days to reply with an answer, dismissal and counterclaim/counter affidavit. ANY Suggestions PLEASE AND THANK YOU!

• roy · January 9, 2026

  Hi i got this and initially filed for a judicial intervention in nystate and judge gave me a 30 days extension. I am filling the motion to dismiss
  

  my case included the
  0.00 balance discrepancy
  lack of proof of signed contract
  fdcpa violations
  securitization argument
  
  also including some futility arguments in the motion to dismiss -> @Brian do you recommend this
  
  also I cant find the 8k or 10k documents for securitization for discover where can i find them i am not planning to include them in the motion to dismiss but i just wanted to know.
  
  Thank you

• roy · January 9, 2026

  as i file the motion to dismiss do you recommend that i wait to file counter claims to sue them in the same court or should i go max pressure and file a lawsuit across the street in the federal court regarding the fdcpa violations in the discover/cap lawsuit itself, thank you Brian.

• Pro_sayer · January 9, 2026

  If you read Discover Banks 8k Filling it names the following Discover Funding LLC , Discover Card Master Trust 1, Discover Card Execution Note Trust, Discover Bank are listed on The Discover Bank 8k Form. I asked the AI about it it gave me this breakdown. The Securitization Structure You Discovered

  Cardholder Account Created by Discover Bank ↓ (At or Near Origination) ↓ Receivables transferred to Discover Funding LLC ↓ Discover Funding LLC transfers to Discover Card Master Trust 1 ↓ DCMT 1 holds legal title to receivables (NOW THE OWNER) ↓ DCMT 1 transfers/pledges to Discover Card Execution Note Trust ↓ DCENT issues Asset-Backed Securities (bonds) to investors ↓ Investors buy bonds backed by cardholders' payment streams ↓ Discover Bank remains SERVICER ONLY (handles billing, collections, customer service) (receives servicing fee from trust, NOT debt ownership)

  For future reference.

• roy · January 9, 2026

  nice catch i didnt ask the ai to generate this for me great information although this is generic i have never seen the banks lawyer produce information to this degree of detail this in discovery
  given this information do you think it is a good idea to use this against them in my motion to dismiss ie,
  1) motion to dismiss OR IN THE ALTERNATIVE, Motion for More Definite Statement and then wait to do counterclaims and ask for these documents in discovery requests to produce
  OR
  2) motion to dismiss with Counterclaims and put in futility arguments ( slightly weak futility claims but but since their pleadingsare also very weak) right in the first step itself.

• roy · January 9, 2026

  also did you get the source the ai pulled this from sec.gov/...edgar ? thank you

• Pro_sayer · January 10, 2026

  I had to go to EDGAR and look for myself then cite what I found in a prompt (what you write to the AI). You may find that the entities listed have their own fillings on edgar.

• Maria · March 11, 2026

  This is good! I actually found a detailed flow diagram with the same information that I printed out for future reference. Capital One's website has copies of it too, I believe it is in the prospectus. The problem is I need specific information about my account, and without the CUSIP number, if one exists, then I can only assume, but their lawyer leans on the National Bank Act protecting them, saying they don't need to prove that Capital One owns my account because "mergers work different". Is this true? ParkerGPT gave up and advised me that that is a problem and I should consider a different defense like a TILA violation because Discover never sent me written terms on a rate modification to my loan.

• roy · March 17, 2026

  Can you please post exactly their response regarding this since there is this

  @Client Alert: The Supreme Court Finds that Purchasers of Debts in Default are not “Debt Collectors” Under the FDCPA https://share.google/w5XedDfVZ1oCNz30G

  @BrianParker does this mean capital One would not have to prove 'chain of title ' ?

  Chain of Title vs. Debt Validation: While the bank may not need a "chain of title" showing a sale, they still must be able to validate the debt if you dispute it under 15 USC § 1692g.

  But the securitization argument still holds right ?

  The burden is then upon us to prove it was securitized to the court ? ( Which it likely was ?)

• Pro_sayer · March 20, 2026

  For reference I would show Note 2 and Note 6 from the following to Parker GPT https://www.sec.gov/Archives/edgar/data/927628/000092762826000024/cof-20251231.htm

• Pro_sayer · March 20, 2026

  A good question to ask is: what did the predecessor actually own at the time of the merger for the successor to gain?

• NightShadow · March 25, 2026

  looking at EDGAR on Capital One's 10-Q from November, 2025 you will find at the bottom of page 118 it states

  Credit Card and Auto Securitizations

  We securitize a portion of our credit card receivables and auto loans which provides a source of funding for us. This is inclusive of the Discover credit card securitization program acquired in the Transaction. These securitizations involve the transfer of assets, including credit card receivables and auto loans, into securitization trusts. These trusts then issue debt securities collateralized by the transferred assets to third-party investors. We hold certain retained interests and continue to service the assets in these trusts. We consolidate these trusts because we are deemed to be the primary beneficiary as we have the power to direct the activities that most significantly impact the economic performance of the trusts, and the right to receive benefits or the obligation to absorb losses that could potentially be significant to the trusts.

• Sherrie · April 13, 2026

  Umm okay.. so does Cap one OWN Discovers charge offs and.. who is actually suing us due to this merger??

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