Dean v. First Union Mortgage Corp. (In re Harris)
United States Bankruptcy Court, S.D. Alabama
Dean v. First Union Mortgage Corp. (In re Harris), 280 B.R. 899 (2001)
2001 Bankr. LEXIS 1981
Dean v. First Union Mortgage Corp. (In re Harris)
Opinion of the Court
ORDER DEFINING CLASS DEFINITION
This matter is before the Court for definition of the class. This Court has jurisdiction to hear this case pursuant to 28 U.S.C. §§ 157 and 1334 and the Order of Reference of the District Court. This is a core proceeding pursuant to 28 U.S.C.
IT IS ORDERED that the class is defined as follows:
All bankruptcy debtors who have filed a Chapter 13 petition on or after January 1, 1994(1) who had proofs of claim filed in their cases by the Defendant which (a) did not disclose postpetition/precon-firmation fees at all, (b) did not disclose them with sufficient specificity, or (c) did' not include these fees in the arrearage claims; (2) who had these fees collected or posted to their accounts in some way by the Defendant after filing bankruptcy; and (3) in whose cases the Defendant did not file a specific application for these fees which was approved by the United States Bankruptcy Court.
Reference
- Full Case Name
- In re Roland E. HARRIS, Debtor. Betty Ann Dean v. First Union Mortgage Corporation
- Status
- Published