Legal Opinion
In Re: Marianne Joubert Marianne Joubert v. Abn Amro Mortgage Group, Inc. F/k/a Atlantic Mortgage and Investment Corporation
Court of Appeals for the Third Circuit
Decided June 16, 2005No. 04-1373PublishedCited by 69 opinions
1Opinion of the Court
OPINION OF THE COURT
SMITH, Circuit Judge.
Marianne Joubert, a discharged debtor in bankruptcy, initiated this putative class action in the District Court seeking damages and injunctive relief to combat what she contends is a widespread practice by mortgagees of assessing, without notice to mortgagors, post-petition, pre-confirmation attorney fees. According to Joubert, this practice violates 11 U.S.C. § 506(b)’s command that the bankruptcy court first adjudge such fees “reasonable.” Though Joubert concedes that § 506(b) does not in itself afford her a private cause of action, she asserts that…
2Cases cited10 opinions
- Alexander v. SandovalSupreme Court of the United States · 2001
- Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
- Bessette v. AVCO Financial Services Inc.Court of Appeals for the First Circuit · 2000
- David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
- In Re: Continental AirlinesCourt of Appeals for the Third Circuit · 2000
5 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Simon v. FIA Card Services, N.A.Court of Appeals for the Third Circuit · 2013
- Rhodes v. Marix Servicing, LLCDistrict Court, D. New Jersey · 2018
- Padilla v. GMAC Mortgage Corp. (In Re Padilla)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- Cano v. GMAC Mortgage Corp. (In Re Cano)United States Bankruptcy Court, S.D. Texas · 2009
- Hoopai v. HoopaiCourt of Appeals for the Ninth Circuit · 2009
64 more not listed; retrieve them via the Exa API.