Gilliland v. Capital One Bank (In re Gilliland)

OPINION

DAVID W. HOUSTON, III, Bankruptcy Judge.

On consideration before the court is a motion for class certification filed on behalf of the debtor/plaintiff, Stanley R. Gilliland (“Gilliland”); responses to said motion having been filed by the defendants, Capital One Bank, which technically should be identified as Capital One Bank (USA), N.A., (“Capital One”), and TSYS Debt Management (“TDM”); and the court, having heard and considered same, hereby finds as follows, to-wit:

I

The court has jurisdiction of the parties to and the subject matter of this proceeding pursuant to 28 U.S.C. § 1334 and…