A bank appeals an order granting the appellee's motion for summary judgment based on judicial estoppel. The district court erroneously broadened the application of 11 U.S.C. §1305 by requiring creditors to claim the entirety of their accrued arrearages if they choose to submit a claim at all. This unprecedented interpretation of §1305 rendered the bank's claim legally inconsistent and triggered the application of judicial estoppel. The district court's decision is reversed and remanded. 5th U.S. Circuit Court of Appeals, No. 11-20871, 10-05-2012.
In the Matter of: Oparaji v. Oparaji
October 8, 2012