Lawwly

Jones v. Wells Fargo Home Mortgage Inc. (In re Jones)

United States Bankruptcy Court for the Eastern District of Louisiana

2012 WL 1155715 (2012)

Relevant factsFree

Michael Jones (plaintiff) filed for chapter 13 bankruptcy while Wells Fargo (defendant) held his mortgage; when Jones sought to refinance, Wells Fargo gave a payoff figure Jones believed was inflated and refused to provide a clear accounting, prompting Jones to seek a correct accounting from the bankruptcy court. The court found Wells Fargo had made substantial accounting errors, charged unreasonable fees, misapplied payments, and willfully violated the automatic stay under 11 U.S.C. § 362, ordering repayment of overcharges but, initially, only requiring corrected accounting procedures rather than punitive damages. Jones appealed the denial of punitive damages, and while that appeal was pending, a nearly identical case against Wells Fargo (In re Stewart) revealed Wells Fargo had continued the same pattern of misconduct even after the Jones order, leading the Fifth Circuit to vacate a broader accounting-procedure order in Stewart as an improper exercise of authority and remand both cases for reconsideration of monetary sanctions.

IssueFree

Whether punitive damages are an appropriate sanction for a bankruptcy creditor's violation of an automatic stay if the creditor's conduct is intentional and egregious.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases