FORNESA v. FIFTH THIRD MORTG. COM.

No. 17-20324 Summary Calendar.

897 F.3d 624 (2018)

Mark Anthony FORNESA; Ricardo Fornesa, Jr., Plaintiffs-Appellants, v. FIFTH THIRD MORTGAGE COMPANY, also known as Fifth Third Bank, Defendant-Appellee. Mark Anthony Fornesa; Ricardo Fornesa, Jr., Plaintiffs-Appellants v. Fifth Third Mortgage Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed: July 27, 2018.


Attorney(s) appearing for the Case

Mark Anthony Fornesa, Pro Se.

Ricardo Fornesa, Jr., Pro Se.

Matt Delmore Manning , McGlinchey Stafford, P.L.L.C., Houston, TX, for Defendant-Appellee.

Before JONES, SMITH, and COSTA, Circuit Judges.


Mark Fornesa and his father, Ricardo Fornesa, Jr., sued Fifth Third Bank for foreclosing on a property in violation of the automatic stay imposed during Ricardo's Chapter 13 bankruptcy. See 11 U.S.C. § 362(a). Following a bench trial, the district court granted judgment for Fifth Third and held, inter...

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