Opperwall
Opperwall v. Bank of America, N.A.
Opinion
Lead Opinion
Tigar, J.
ORDER AFFIRMING BANKRUPTCY COURT
Appellant Stephen G. Opperwall, appearing pro se, has filed two appeals related to his Chapter 13 bankruptcy proceeding. Having considered the papers filed by the parties, the Court affirms the orders of the bankruptcy court in Case Number 16-ev-00106 and Case Number 16-cv-00134.
*778 I. BACKGROUND
Opperwall filed for Chapter 13 bankruptcy on February 11, 2012. ECF No. 13 at 10. 1 On June 20, 2012, Bank of America filed a proof of claim stating that Opper-wall owed $59,720.94 in arrears and $5,933.27 in monthly payments on a $952,133.91 home mortgage loan. Id. On June 27, 2012, the bankruptcy court confirmed Opperwall’s Chapter 13 plan, which provided that he would cure the arrears through the plan, that he would make monthly mortgage payments of $2,724.66 to Bank of America, and that he would “obtain, prior to confirmation of this plan, a loan modification agreement.. .which allows [Opperwall] to pay $2,724.66 per month.” ECF No. 13-1 at 96-98. 2 After accepting Opperwall’s $2,724.66 monthly payments for over two years, on August 15, 2014, the Bank in filed a motion to dismiss or convert the bankruptcy case to Chapter 7. ECF No. 12 at 26; ECF…