Bankruptcy

Estoppel due to inadequate Disclosure of Assets in Bankruptcy

“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.

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.

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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