IN RE WILBORN

No. 09-20415.

609 F.3d 748 (2010)

In the Matter of: Judy C. WILBORN, Debtor. Judy C. Wilborn; Karlton E. Flournoy; Monica E. Flournoy; Judith A. Martin, Appellees, v. Wells Fargo Bank, N.A., Appellant.

United States Court of Appeals, Fifth Circuit.

June 18, 2010.


Attorney(s) appearing for the Case

Casey Dalton Ebert, Ebert Law Offices, P.C., Hurst, TX, for Amicus Curiae, Nat. Ass'n of Consumer Bankruptcy Attys.

Johnie Patterson (argued), Miriam Trubeck Goott, Walker & Patterson, Houston, TX, for Appellees.

Thomas A. Connop (argued), William Scott Hastings, Robert Thompson Mowrey, Locke, Lord, Bissell & Liddell, L.L.P., Dallas, TX, for Appellant.

Before REAVLEY, PRADO and OWEN, Circuit Judges.


REAVLEY, Circuit Judge:

This is an interlocutory appeal from the bankruptcy court's certification of a class action in an adversary proceeding. The Plaintiffs-Appellees sought to represent a class of debtors who had filed Chapter 13 petitions in the United States Bankruptcy Court for the Southern District of Texas and who had home mortgages held or serviced by Defendant-Appellant Wells Fargo Bank, N.A. The questions at issue are whether a bankruptcy judge may certify...

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