Critical Case Comment

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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