Sunday, September 1, 2013

Oregonian Implicates Bank of America in Bankruptcy Scheme

By Michael Fuller, Portland Trial Attorney

Oregon consumer Jose Rivera alleges Bank of America and its subsidiary FIA Card Services, N.A. scheme to harass him, in violation of a February 2013 court order.

In 2006 Bank of America Corp. acquired MBNA.
Later that year, an MBNA subsidiary changed its name to FIA Card Services, N.A.

According to Rivera, Bank of America instructs third parties to harass him in hopes he will pay a debt the bank cannot legally collect itself.

Court records indicate Bank of America has been prohibited from directly collecting from Rivera as of February 2013.

According to legal documents filed over Labor Day weekend, Bank of America uses Firstsource Advantage, LLC of New Jersey and FMA Alliance, Ltd. of Texas in its scheme to circumvent the federal court order.

Attached as an exhibit to the legal documents is a cease and desist letter Bank of America and FIA Card Services, N.A. received from Rivera's attorney dated May 25, 2013.

Rivera alleges the bank will not respond to his attorney and continues to harass him.

Rivera recently asked Federal Bankruptcy Judge Elizabeth Perris to reopen his case so he can indict and prosecute Bank of America and FIA Card Services, N.A. for contempt.

[District of Oregon Bankruptcy Court Case No. 12-38328-elp7]