merger logo

Capital One & Discover Bank Merger: Legal Impact and Filing Information

Effective May 18, 2025, Discover Bank merged into Capital One, N.A. (CONA) in a legally binding transaction approved under federal law. This page is intended to provide court clerks, consumers, and attorneys with clear information regarding the merger, its legal impact, and what to expect on correspondence, court filings and legal documentation going forward as it relates to our firm.

Disclaimer:
The information below is provided for general informational purposes only and is intended to address common questions related to the merger of Discover Bank into Capital One, N.A. It is not intended to serve as legal advice, nor should it be relied upon as a substitute for consultation with qualified legal counsel. The content does not create an attorney-client relationship and should not be construed as a legal opinion on any specific matter.

Summary of the Merger

On May 18th, Discover Bank ("Discover") merged into and became part of Capital One, N.A. ("CONA"). As a result of this merger, Discover no longer exists and CONA continues to operate as the sole surviving entity. The National Bank Act provides that the surviving entity in a merger of a state into a national bank is “deemed to be the same corporation as each bank or banking association participating in the merger,” and that all “rights, franchises, and interests of the individual merging banks or banking associations in and to every type of property (real, personal, and mixed) and choses in action shall be transferred to and vested in” the surviving entity. 12 U.S.C. § 215a(e).

Thus, in accordance with the National Bank Act, CONA holds all of the same property rights and interests that Discover Bank had prior to the merger, including but not limited to the rights in existing Discover Bank accounts and receivables, and is Discover Banks's successor-in-interest in any pending litigation and matters before any Federal or state court.

Parties Involved:

  • Merged Entity: Discover Bank (“Discover”)
  • Surviving Bank: Capital One, N.A. (CONA)

Merger Closing Date: May 18, 2025
Regulatory Authority: 12 U.S. Code § 38 - The National Bank Act

Legal Effect of the Merger

Under 12 U.S.C. § 215a(e) of the National Bank Act:
"The corporate existence of each merging bank... shall be merged into the receiving association... [which] shall be deemed to be the same corporation as each bank... All rights, franchises, and interests... shall be transferred to and vested in the receiving association."

As a result:

  • Capital One, N.A. is legally deemed the same entity as Discover Bank for all purposes.
  • It acquires all legal rights, claims, judgments, obligations, and interests of Discover Bank.
  • Discover Bank no longer exists as a separate entity.

What This Means for Court Filings

As of May 18, 2025:

  • Capital One, N.A., successor by merger to Discover Bank will appear as the plaintiff in all pending, future, and post-judgment filings where Discover Bank was previously named..
  • No amendments to past filings are required under the National Bank Act (12 U.S.C. § 215a(e)), including cases where Discover Bank obtained a judgment prior to the merger.
  • The updated plaintiff name is necessary for collection, enforcement, and consistency across court records and financial documents and could not begin until after the closing date 5-18-2025.

Resources & References

As of May 18, 2025:

Questions?

If you are a court clerk, legal professional, or consumer with questions about this transition, please contact our office toll free at 866-729-6411, e-mail us at concerns@bucklesmg.com, or use our contact information listed at the bottom of the page.

This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.