Wells Fargo Bank v. Oparaji (In re Oparaji)
Oct
05
2012
Ruling
Judgment that creditor was estopped from collecting amounts claimed in debtor's first dismissed case reversed.
Procedural posture
In a 2nd bankruptcy, appellee debtor challenged appellant mortgagee creditor's proof of claim that included pre-petition arrearages and escrow advances, claiming the creditor was judicially estopped from claiming any amounts that could have been, but were not, claimed in the 1st bankruptcy. The U.S. District Court for the Southern District of Texas affirmed the bankruptcy court's grant of summary judgment to the debtor. The creditor appealed.
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Court
:
Judge or Jurisdiction information not available