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In re Stewart

United States Bankruptcy Court for the Eastern District of Louisiana

391 B.R. 327 (2008)

Relevant factsFree

Wells Fargo filed creditor claims against account holder Stewart's (plaintiff) bankruptcy estate for fees, charges, and costs on her mortgage account; Stewart objected, and Wells Fargo took many months and multiple hearings to explain her account, ultimately revealing it had charged excessive and duplicative fees, including dozens of inspection charges and late fees applied while Stewart was making regular bankruptcy payments, with many fees disguised as costs and escrow reconciliations that were largely incomprehensible and frequently wrong in Wells Fargo's favor. Stewart's payments were repeatedly misapplied to these excessive fees before being credited to escrow, principal, or interest, in violation of the mortgage terms, and Wells Fargo also failed to post credits it owed her account.

IssueFree

Whether a creditor's evidence must meet minimum standards of documentation and accuracy to sustain the presumption of validity for its claims filed against a debtor's bankruptcy estate.

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