Customer alleges bank continued to collect debt despite bankruptcy filing

By Noddy A. Fernandez | Jul 6, 2018

CLARKSBURG — A customer is suing a Huntington bank, alleging fraud and unjust enrichment.

Victor Cain filed a complaint May 21 in U.S. District Court for the Northern District of West Virginia Clarksburg Division against The Huntington National Bank, alleging violation of the West Virginia Consumer Protection Act.

According to the complaint, on March 23, 2011, Cain filed for Chapter 7 bankruptcy, which instituted an automatic stay of all debt collections actions or proceedings and he received a discharge to debts including the one from the defendant. 

However, Cain says Huntington National continued to collect on the debt for 74 months and made withdrawals of approximately $26,250 regarding his allege non-payment under the agreement. 

The plaintiff alleges Huntington National Bank continued to collect on a debt on which Cain was legally discharged after he filed a discharge from Chapter 7 bankruptcy.

Cain seeks trial by jury, compensatory damages of $26,250, statutory penalties amounting to $74,000, prejudgment interest, attorney fees and all other relief the court deems just and proper. He is represented by attorneys Robert L. Greer and Jonathan W. Fischer of Greer Law Offices, PLLC in Clarksburg.

U.S. District Court for the Northern District of West Virginia Clarksburg Division case number 1:18-cv-119

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Greer Law Offices, PLLC U.S. District Court for the Northern District of West Virginia

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