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IN RE JONES

Bankruptcy No. 10-1935. Adversary No. 10-125.

449 B.R. 494 (2011)

In re Tina Kay JONES, and Jason Michael Jones, Debtors. Tina Kay Jones, and Jason Michael Jones, Plaintiffs, v. Capital One Bank (USA), N.A., Defendant.

United States Bankruptcy Court, N.D. West Virginia.

March 7, 2011.

Attorney(s) appearing for the Case

Todd Johnson , Johnson Law, PLLC, Morgantown, WV, for Debtor.

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Tina and Jason Jones (the "Debtors") filed this adversary proceeding against Capital One Bank (USA), N.A., seeking recovery for alleged pre-petition violations of W. Va.Code § 46A-2-128(e), which prohibits a debt collector from having any communication with a consumer whenever it appears that the consumer is represented by an attorney.

Capital One seeks to dismiss this adversary...

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