5th Circuit Affirms Dismissal For Lender Based On Judicial Estoppel

Mealey's (July 30, 2018, 1:52 PM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on July 27 held that a district court did not abuse its discretion in holding that a borrower’s claims were barred by judicial estoppel because he failed to amend his bankruptcy schedules to disclose a quit claim deed for his mortgage or a change in his financial status (Mark Anthony Fornesa, et al. v. Fifth Third Mortgage Company, No. 17-20324, 5th Cir., 2018 U.S. App. LEXIS 20920)....