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Richard Emerson Snow v. Countrywide Home Loans, Inc.
State: Maryland
Court: Maryland District Court
Case Date: 11/16/2001
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : IN RE: RICHARD EMERSON SNOW : _______________________________ RICHARD EMERSON SNOW v. : : Civil Action No. DKC 2001-0608 : COUNTRYWIDE HOME LOANS, INC. :

MEMORANDUM OPINION This case is before the court on appeal from the order of Bankruptcy Judge Duncan Keir, dismissing Appellant's adversary proceeding against Countrywide Home Loans, Inc. ("Countrywide"). Appellant Snow filed a class action adversary proceeding in bankruptcy court to challenge the "inspection fee" charged by Countrywide in its proof of claim and Countrywide responded with a motion to dismiss. The bankruptcy court held that, under

federal law, the entire proceeding should be dismissed on the grounds of res judicata. Oral argument is deemed unnecessary

because the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. See Bankr. Rule 8012.

For the reasons set forth below, the court will AFFIRM the decision of the bankruptcy court.

I.

Background The facts are undisputed. Snow initiated his Chapter 13 Countrywide filed its proof of

bankruptcy case on July 6, 1999.

claim on August 2, 1999, which asserted a pre-petition arrearage of $21,166.34. The detailed attachment to Countrywide's claim

stated that the arrearage included "Property Inspection Fees" totaling $193.00. Snow filed his Second Amended Chapter 13 plan

on February 8, 2000, which indicated that the debtor would pay $21,166.34 demanded. to Countrywide, the entire amount Countrywide

On March 6, 2000, Snow filed a modified "Second

Amended Chapter 13 Plan" which altered the amount of the monthly payment to the trustee, but kept the same total amount that would be paid to Countrywide. This plan was confirmed after a

hearing before Judge Keir on March 14, 2000, by an order entered on April 3, 2000. Snow Paper No. 1, Memo. of Decision at 2. a class action adversary proceeding in

initiated

bankruptcy court on September 1, 2000 on behalf of himself and others similarly situated, asserting that the inspection fee charged by Countrywide is in violation of Md. Code Ann. Com. Law ("CL"),
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