Case v. Wells Fargo Bank
Mar
19
2008
Ruling
Challenge to interest on interest payments in confirmed plans dismissed due to application of res judicata.
Procedural posture
The dispute involved interest on interest payments made under confirmed plans. Plaintiff debtors asserted the payments violated 11 U.S.C.S. § 1322(e). Count I of each complaint sought disgorgement under 11 U.S.C.S. § 502(j). Count II alleged abuse of process under 11 U.S.C.S. § 105. Debtors also sought class certification. Defendants were secured creditors. The matter was remanded by the U.S. District Court for the Eastern District of Wisconsin.
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Court
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