If the debt was incurred after the date you filed your last bankruptcy, then yes. Otherwise, if the debt was earlier and was discharged then no.
Did you owe Capital One any money then or is this a new card obtained and used since the BK? Is it even Capital One or is it a collection agency collecting a former Capital One debt?
If this is a debt you included in your BK in 2013, and all of your debt was discharged, then this would be either a reaffirmed debt that you sholuld never have reaffirmed or it is a "Ghost Debt'...a dead debt that a debt buyer bought for pennies and is trying to cash in on your naivete. Go see a lawyer who knows both Bankruptcy and unfair debt collection practices. A quick look at your BK papers can confirm the status of the debt and you can either re-open your BK and bring an adversarial proceeding for violation of the Discharge Order, or depending on the status of the debt, answer the lawsuit and counter-sue for a violation of the federal Fair Debt Collection Practices Act and its California counterpart, the Rosenthal Act. Attorney fees are provided in those lawsuits, if you win.
You will not know anything by hanging around here, so hire an attorney who is found here on AVVO in your locale and who knows both BK and the FDCPA. That debt may also be stale debt if you haven't paid on the account for four years. That could mean that the lawsuit is also a violation of the FDCPA and the RFDCPA. Time to go Lawyer hunting! Check out a Consumer Protection Attorney who knows BK.
Please understand that my answer assumes certain things that may not be true. You should seek competent, local counsel to get the full story and to seek expert advice. I cannot be certain that my answer is correct, and neither should you, based on the limited information you have provided. I ask many questions of my clients before I render a final opinion, so this answer is merely a general guideline to follow. Please seek competent counsel to help you right away!
The credit card company can sue, you must bring up the defenses. If the credit card debt was incurred before you filed your petition and included in your 2013 discharge order then letting the state court know of the Bankruptcy will probably end the Law suit.
If the debt was incurred after you filed your bankruptcy then the credit card company can sue.
You should consult with an attorney who is knowledgeable in consumer bankruptcy law. Many offer free consultations.
Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not represent you, and this email does not contain any legal advice for you. NOTICE: We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems,including filing petitions for relief under the Bankruptcy Code.
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