Estoppel due to inadequate Disclosure of Assets in Bankruptcy

JONES, EDITH H.

SMITH, JERRY E.

COSTA, GREGG J.

This opinion is rendered for the Bank, claiming :

“Mark Fornesa and his father, Ricardo Fornesa, Jr., sued Fifth Third Bank for foreclosing on a property in violation of the automatic stay imposed during Ricardo’s Chapter 13 bankruptcy. See 11 U.S.C. § 362(a). Following a bench trial, the district court granted judgment for Fifth Third and held, inter alia, that the plaintiffs were judicially estopped from claiming a stay violation because Ricardo failed to adequately disclose his assets in bankruptcy. We AFFIRM. “

Panel consisted of: JONES, SMITH, and COSTA

Fornesa v Fifth Third Bank / Mortgage Co.