Goodwyn v. Capital One, N.A.

127 F. Supp. 3d 1367, 2015 U.S. Dist. LEXIS 114786, 2015 WL 5120860
CourtDistrict Court, M.D. Georgia
DecidedAugust 28, 2015
DocketCASE NO. 4:14-CV-219 (CDL)
StatusPublished
Cited by1 cases

This text of 127 F. Supp. 3d 1367 (Goodwyn v. Capital One, N.A.) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodwyn v. Capital One, N.A., 127 F. Supp. 3d 1367, 2015 U.S. Dist. LEXIS 114786, 2015 WL 5120860 (M.D. Ga. 2015).

Opinion

ORDER

CLAY D. LAND, Chief Judge.

Plaintiff Suzie Goodwyn borrowed money from Defendant Capital One, N.A. to buy a car. She later experienced financial difficulties and sought protection under Chapter 13 of the federal bankruptcy laws. The bankruptcy judge approved a payment [1371]*1371plan that provided for the full payment of her principal owed to Capital One plus interest, although the interest was less than the amount she contracted to pay in her original financing agreement with Capital One. Goodwyn paid all that she was required to pay under the bankruptcy plan, but she did not receive a formal discharge because she had previously obtained a discharge in an earlier Chapter 7 bankruptcy proceeding.

Although Capital One did not object to its treatment during the Chapter 13 proceeding, it claims that Goodwyn still owes interest at the original agreed-upon rate. And after the Chapter 13 proceeding concluded, Capital One sought to collect the unpaid interest, retaining Defendant United Recovery Systems, L.P. as its collection agent. Goodwyn disputes that she owes Capital One anything and argues that Capital One accepted the Chapter 13 plan by failing to object to it. Goodwyn contends that when she made payments complying with the bankruptcy plan, her debt to Capital One was extinguished. Consequently, she maintains that Defendants’ continued attempts to collect the debt violate various federal and state laws that provide her with a private cause of action against them.

Goodwyn asserts a claim against Capital One under the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. She also alleges state law claims against Capital One for breach of contract, conversion, intentional infliction of emotional distress, negligence per se, violations of Georgia’s Fair Business Practices Act, O.C.G.A. § 10-1-390, et seq., and the Georgia Racketeer Influenced and Corrupt Organizations Act (“Georgia RICO”), O.C.G.A. § 16-14-1, et seq. Goodwyn asserts claims against United Recovery under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. And she alleges state law claims against United Recovery for intentional infliction of emotional distress, negligence per se, and Georgia RICO.

Defendants filed motions for summary judgment (ECF Nos. 45 & 49), arguing that each of Goodwyn’s claims fails because it is undisputed that Goodwyn owed the alleged debt. As explained in the remainder of this Order, however, the present record does not establish as a matter of law that Goodwyn owed the alleged debt. Defendants are thus not entitled to summary judgment as to Goodwyn’s claims under the Fair Credit Reporting Act or sections 1692e(2)(A), 1692e(10), and 1692f(1) of the Fair Debt Collection Practices Act. Summary judgment is also not appropriate on Goodwyn’s state law claims for breach of contract, conversion, negligence, and violation of the Georgia Fair Business Practices Act. The Court does find, however, that the present record does not contain sufficient evidence to support Goodwyn’s claims for intentional infliction of emotional distress, Georgia RICO, or liability under sections 1692e(8) and 1692g(b) of the Fair Debt Collection Practices Act. Consequently, summary judgment is granted as to those claims.

SUMMARY JUDGMENT STANDARD

Summary judgment may be granted only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). In determining whether a genuine dispute of material fact exists to defeat a motion for summary judgment, the evidence is viewed in the light most favorable to the party opposing summary judgment, drawing all justifiable inferences in the opposing par[1372]*1372ty’s favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material if it is relevant or necessary to the outcome of the suit. Id. at 248, 106 S.Ct. 2505. A factual dispute is genuine if the evidence would allow a reasonable jury to return a verdict for the nonmoving party. Id.

FACTUAL BACKGROUND

With all reasonable inferences construed in Goodwyn’s favor, the record establishes the following.

Goodwyn purchased a 2008 Chevrolet Impala from Bill Heard Chevrolet on July 16, 2008. Bill Heard loaned Goodwyn $16,504.61 for the purchase at an interest rate of 20.51%. The loan required 72 monthly payments of $452.25. Bill Heard assigned its rights in the loan to Capital One.

On November 25, 2008, Goodwyn filed a Chapter 13 bankruptcy petition. She listed Capital One as a secured creditor holding a lien on her car. Goodwyn’s bankruptcy plan provided that she owed Capital One $18,388 and would pay a 6% interest rate, for 60 monthly payments of $432.00. Ascension Capital Group, a vendor for Capital One, filed a sworn proof of claim listing Goodwyn’s debt as $18,666.44 at a 20.51% interest rate. A bankruptcy judge confirmed the plan with the 6% interest rate, and Goodwyn completed the plan on September 21, 2012. She was not eligible for and did not receive a discharge from the Chapter 13 bankruptcy because of a 2005 Chapter 7 bankruptcy. On November 7, 2012, the Chapter 13 trustee filed a report with the bankruptcy court stating that Goodwyn made all payments according to the plan but was ineligible to receive a discharge. The bankruptcy court ordered that Goodwyn’s Chapter 13 case be closed on February 19, 2013. Capital One, however, refused to send Goodwyn the title to her car.

According to Capital One, Ascension Capital Group notified it on January 6, 2014 that Goodwyn had not received a discharge and thus her account was subject to collection. Capital One Dep. 61:22-62:5, ECF No. 42. Capital One then began the process of re-applying payments Goodwyn made during the bankruptcy in accordance with the terms of the original contract, which contained the 20.51% interest rate instead of the 6% rate approved by the bankruptcy judge for the Chapter 13 plan. That process resulted in a loan balance of $9,876.98.

On February 5, 2014, Capital One wrote Goodwyn that her account was past due in the amount of $7,899.18 and her car would be repossessed if she did not pay. Go-odwyn called Capital One and asked that it send her the title to her vehicle because she paid off her loan in the Chapter 13 bankruptcy. Capital One responded that her loan had not been paid off and that the vehicle was subject to repossession now that the bankruptcy proceeding was closed. Capital One repossessed Go-odwyn’s car on February 25, 2014 and sold it for $8,500. It stopped applying interest to Goodwyn’s account after the repossession. On March 24, 2014 Capital One sent Goodwyn a letter setting forth its accounting of proceeds and expenses from the sale and stating that she owed a deficiency balance of $5,237.88. Capital One referred Goodwyn’s debt to United Recovery for collection.

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Bluebook (online)
127 F. Supp. 3d 1367, 2015 U.S. Dist. LEXIS 114786, 2015 WL 5120860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwyn-v-capital-one-na-gamd-2015.