IN RE JACKS

No. 09-16146.

642 F.3d 1323 (2011)

In re Terry D. JACKS, Sandra C. Jacks, Debtors. Terry D. Jacks, Sandra C. Jacks, Plaintiffs-Appellants, v. Wells Fargo Bank, N.A., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 7, 2011.


Attorney(s) appearing for the Case

Clark Lange , Law Office of Clark Lange, P.C., Robert C. Keller , Russo, White & Keller, P.C., Birmingham, AL, for Plaintiffs-Appellants.

James H. White, IV , Elizabeth Redding Floyd , Stephen K. Pudner , Susan Salonimer Wagner , Baker, Donelson, Bearman, Caldwell & Berkowitz, Birmingham, AL, for Defendant-Appellee.

Before MARTIN, COX and BLACK, Circuit Judges.


BLACK, Circuit Judge:

Plaintiff-Appellants Terry and Sandra Jacks filed this purported class action as an adversary proceeding before the bankruptcy court. Their amended complaint alleged their mortgage lender, Wells Fargo Bank, N.A., violated various provisions of the Bankruptcy Code and Bankruptcy Rules by failing to disclose certain fees on the proof of claim it filed in the Jacks' Chapter 13 bankruptcy case. Prior to considering class certification, the bankruptcy...

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