CASE v. WELLS FARGO BANK NA

Bankruptcy Nos. 01-24996-JES-13, 02-26885-JES-13, 03-26277-JES-13, 03-31620-JES-13, 03-22596-MDM-13, 03-25930-SVK-13, 02-30892-SVK-13. Adversary Nos. 05-2578, 05-2646, 05-2647, 05-2649, 05-2664, 05-2666, 06-2027.

359 B.R. 709 (2006)

In re Lysbeth A. CASE, Plaintiff, v. WELLS FARGO BANK, NA, Defendant. In re Shanedra E. Johnson, Plaintiff, v. U.S. Bank National Association, Defendant. In re John F. Herrera, Plaintiff, v. JPMorgan Chase Bank, NA, Defendant. In re Jerome D. Oven and Ann E. Oven, Plaintiffs, v. Universal Savings Bank, FA, Defendant. In re Oliver L. Newsom and Claudia M. Newsom, Plaintiffs, v. Bank of America Corporation, Defendant. In re James B. Jendusa and Kathleen F. Jendusa, Plaintiffs, v. North American Savings Bank, FSB, Defendant. In re Valerie S. Ruhl, Plaintiff, v. HSBC Finance Corporation and HSBC Mortgage Services, Inc., Defendants.

United States Bankruptcy Court, E.D. Wisconsin.

October 31, 2006.


Attorney(s) appearing for the Case

Steven R. McDonald, Michael J. Watton, Jason Scott Richard, Timothy P. Dewane, Milwaukee, WI, for Debtors.


DECISION

PRELIMINARY STATEMENT

JAMES E. SHAPIRO, Bankruptcy Judge.

All plaintiffs in the above-entitled adversary proceedings are chapter 13 debtor-mortgagors. They assert that their respective defendant-mortgagees were paid "interest on interest" through their respective chapter 13 plans, in violation of 11 U.S.C. § 1322(e).1 Sec. 1322(e) was added to the Bankruptcy Code by the Bankruptcy Reform Act of...

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