Legal Opinion
Mark Fornesa v. Fifth Third Mortgage Compan
Court of Appeals for the Fifth Circuit
Decided July 27, 2018No. 17-20324PublishedCited by 23 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
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.
BACKGROUND
In February 2010, Mark Fornesa obtained a secured loan from Fifth Third to purchase a…
2Cases cited8 opinions
- Jethroe v. Omnova Solutions, Inc.Court of Appeals for the Fifth Circuit · 2005
- Willie Love v. Tyson Foods, Inc.Court of Appeals for the Fifth Circuit · 2012
- David Maurer v. Independence TownCourt of Appeals for the Fifth Circuit · 2017
- McClure v. AshcroftCourt of Appeals for the Fifth Circuit · 2003
- N W Enterprises Inc v. The City of HoustonCourt of Appeals for the Fifth Circuit · 2003
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Harris v. FedEx Corporate ServicesCourt of Appeals for the Fifth Circuit · 2024
- Franlink v. BACE ServicesCourt of Appeals for the Fifth Circuit · 2022
- Vlsi Technology LLC v. Intel CorporationCourt of Appeals for the Federal Circuit · 2023
- Ecofactor, Inc. v. Google LLCCourt of Appeals for the Federal Circuit · 2025
- Holmes v. ReddochCourt of Appeals for the Fifth Circuit · 2024
18 more not listed; retrieve them via the Exa API.