Legal Opinion
Wells Fargo Bank, N.A. v. Stewart (In Re Stewart)
Court of Appeals for the Fifth Circuit
Decided July 22, 2011No. 09-30832PublishedCited by 4 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
When elderly widow Dorothy Chase Stewart filed for bankruptcy in 2007, Wells Fargo Bank filed a proof of claim with the bankruptcy court reciting debts owed from an outstanding mortgage on Ms. Stewart’s house. From her limited funds, Ms. Stewart hired a lawyer to request a full accounting of Wells Fargo’s charges.
Wells Fargo did not cooperate. It provided a list of charges by type, but without the amount, date, or payee for each charge, and without invoices or proofs of payment for the third-party fees it charged to Ms. Stewart. At a hearing convened by…
2Cases cited15 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- City of Los Angeles v. LyonsSupreme Court of the United States · 1983
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995
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3Cited by4 opinions
- Henderson v. Legal Helpers Debt Resolution, L.L.C. (In re Huffman)United States Bankruptcy Court, S.D. Mississippi · 2014
- Law Solutions Chi. LLC v. U.S. Tr.District Court, W.D. Louisiana · 2018
- Ruth v. LVNV Funding, Inc. (In re Ruth)United States Bankruptcy Court, S.D. Texas · 2012
- Michael Jones v. Wells Fargo Bank, N.A.Court of Appeals for the Fifth Circuit · 2011