In re Oparaji

In re Oparaji, 2010 WL 5462456 (Bankr. S.D. Texas, December 29, 2010) (Isgur)

The doctrine of judicial estoppel precludes a creditor from asserting a proof of claim in a debtor’s second Chapter 13 case that is inconsistent from the claim it asserted in the debtor’s first Chapter 13 case.

Case Summary

Titus Oparaji filed his first bankruptcy petition in 2004. Wells Fargo filed a number of claims in the case (five in total), but after it filed the fourth claim in December 2008, the Court approved a modification of Oparaji’s . . .

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In re Oparaji

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Critical Case Comment

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? – Part 1 In re Rhodes Says, “Let Me Count the Ways”

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