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IN RE STEWART

No. 09-30832.

647 F.3d 553 (2011)

In the Matter of: Dorothy Chase STEWART, Debtor. Wells Fargo Bank, N.A., Appellant, v. Dorothy Chase Stewart, Appellee. In the Matter of: Irby Fitch; Brittany Fitch, Debtors. Wells Fargo Bank, N.A., doing business as, America's Servicing Company, Appellant, v. Irby Fitch; Brittany Fitch, Appellees.

United States Court of Appeals, Fifth Circuit.

July 22, 2011.

Attorney(s) appearing for the Case

Michael H. Rubin (argued), Anthony Joseph Rollo, Jr. , McGlinchey Stafford, P.L.L.C., Baton Rouge, LA, Rudy Joseph Cerone , Eric J. Simonson , McGlinchey Stafford, P.L.L.C., New Orleans, LA, for Appellant.

Marguerite K. Kingsmill , Kingsmill Riess, L.L.C., New Orleans, LA, Kirk L. Myers (argued), Elizabeth Dodds Harrington, Harrington & Myers, Metairie, LA, for Appellees.

John Patrick Sheahan (argued), P. Matthew Sutko , Associate Gen. Counsel, U.S. Dept. of Justice, Executive Office of the U.S. Trustee, Washington, DC, for Amicus Curiae U.S.

Before HIGGINBOTHAM, CLEMENT and OWEN, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

When elderly widow Dorothy Chase Stewart filed for bankruptcy in 2007, Wells Fargo Bank filed a proof of claim with the bankruptcy court reciting debts owed from an outstanding mortgage on Ms. Stewart's house. From her limited funds, Ms. Stewart hired a lawyer to request a full accounting of Wells Fargo's charges.

Wells Fargo did not cooperate. It provided a list of charges...

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