5th Circuit Finds Bankruptcy Judges Can Certify Class Actions but Nixes Wells Fargo Class

June 22, 2010

Although a Texas bankruptcy court had the authority to certify a class action against Wells Fargo, it stumbled in doing so. The 5th Ciruit found that the lower court had jurisdiction to certify a class of about 1,200 individuals who had filed for Chapter 13 bankruptcy and had mortgages held or serviced by the bank -- but the appeals court found that the questions of law and facts raised by the putative class members were not similar enough to warrant certification.