IN RE JOUBERT

No. 04-1373.

411 F.3d 452 (2005)

In re: Marianne JOUBERT Marianne Joubert, Appellant v. ABN AMRO Mortgage Group, Inc. f/k/a Atlantic Mortgage and Investment Corporation.

United States Court of Appeals, Third Circuit.

Filed: June 16, 2005.


Attorney(s) appearing for the Case

Stuart A. Eisenberg, Esquire [Argued], McCullough & Eisenberg, Warminster, PA., Counsel for Appellant.

Daniel S. Bernheim, 3rd, Esquire, Jonathan J. Bart, Esquire [Argued], Silverman, Bernheim & Vogel, Philadelphia, PA, Counsel for Appellee.

Before: ALITO, McKEE, and SMITH, Circuit Judges.


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...

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