Appellants Terry and Sandra Jacks filed this purported class action as an adversary proceeding before the bankruptcy court. Their amended complaint alleged their mortgage lender, Wells Fargo Bank, N.A., violated various provisions of the Bankruptcy Code and Bankruptcy Rules by failing to disclose certain fees on the proof of claim it filed in the Jacks’ Chapter 13 bankruptcy case. Prior to considering class certification, the bankruptcy court chose to address the merits of the Jacks’ individual claims. Following a hearing in which it made findings of fact and conclusions of law, the bankruptcy court granted summary judgment in favor of Wells Fargo on all counts. The Jacks appealed this decision to the district court, which affirmed the bankruptcy court’s decision.
The court affirmed the grant of summary judgment in Wells Fargo’s favor as to all claims except those based on actions that Wells Fargo may take after the Jacks’ bankruptcy case is dismissed or discharged. The court determined that to the extent the Jacks’ claims are based on events that may take place later, they are not ripe, and dismissed them.