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Critical Case Comment
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By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah
Wells Fargo Home Mortgage v. Oparaji (In re Oparaji), --- F.3d ----, 2012 WL 4748957 (C.A.5 (Tex.)) (Clement).
In filing a postpetition arrearage claim under § 1305, the mortgage creditor is not required to include all postpetition arrearages. If the first bankruptcy case is dismissed and the debtor later refiles, the mortgage creditor is not judicially estopped from asserting arrearages in the second case that could have been asserted as postpetition arrearages in the first case.
Case Summary
In the first Chapter 13 case . . .
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