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Judicial Estoppel

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District Court (Cal.) Finds Plaintiff’s Failure to Schedule Claim against Bank in Plaintiff’s Previous Chapter 13 Schedule Estopps Plaintiff from Pursuing the Claim Later

by Scott J. Hyman |

In Becker v. Wells Fargo Bank, Nat. Ass'n, 2012 WL 5187792 (E.D.Cal. 2012), Judge Shubb found that a plaintiff’s failure to schedule his claim (wrongful foreclosure) against the Bank in his previous Chapter 13 bankruptcy case estopped him from pursuing the claim in the District Court. Plaintiff filed a voluntary Chapter 13 petition on July 8, 2011. (RJN Ex. 9.)… Read More