Fornesa v. Fifth Third Mortgage Co.

The Fifth Circuit affirmed the district court's judgment in favor of Fifth Third in an action brought by plaintiffs, alleging that the bank foreclosed on a property in violation of the automatic stay imposed during Plaintiff Ricardo's Chapter 13 bankruptcy. The court held that plaintiffs were judicially estopped from claiming a stay violation because Ricardo failed to amend his bankruptcy schedules to disclose the quitclaim deed or his putative claims against Fifth Third. Likewise, the district court did not abuse its discretion in denying plaintiffs' motion for a new trial. Finally, plaintiffs failed to show that the district court abused its discretion in excluding several of their exhibits. View "Fornesa v. Fifth Third Mortgage Co." on Justia Law