By The Honorable William Houston Brown (Retired)
Mortgagee’s decision not to file proof of claim did not judicially estop collection of arrearages. Bank of America had made a strategic decision not to file proof of claim in Chapter 13 cases when debtors were current at commencement of the case. These debtors were current on two mortgages at commencement, but by the time of confirmation, they were a month in arrears. Without a proof of claim, the trustee made no payments on the mortgages, and after 32 months of payments to other creditors, the debtors were . . .
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