Rodriguez v. Countrywide Home Loans, Inc. (In re Rodriguez)

Summarized by Peter Ruggero , Ruggero Law Firm PC
13 years 5 months ago

Citation:

Case No. 11-40056 (5th Cir. September 14, 2012)

Tag(s):

Ruling:

Affirmed bankruptcy court's class action certification order providing for class of chapter 13 debtors and injunctive relief against home lender from collecting unauthorized fees.

Procedural context:

Bankruptcy court entered order certifying class action under Fed. R. Civ. P. 23(b)(2) for injunctive relief against Countrywide Home Loans, Inc. barring Countrywide from collecting or attempting to collect fees incurred during pendency of class member's bankruptcy case that are goverend by Fed. R. Bankr. P. 2016(a) and not yet authorized under Fed. R. Bankr. P. 2016(a).

Facts:

Chapter 13 debtors cured pre-petition mortgage arearages, completed chapter 13 plan payments, and received a discharge in their bankruptcy cases. After emerging from chapter 13 bankruptcy, Countrywide Home Loans, Inc. threatened forelcosure against debtors if debtors did not pay fees that had been charged while their bankruptcy cases were pending. Debtors argued that fees were unauthorized and subject to mandates of court approval under Fed. R. Bankr. P. 2016(a). Debtors sought class certification.

Judge(s):

Garza, Dennis, and Higginson

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