Claudia Aceves borrowed from U. S. Bank to buy a home. Two years later, she could no longer afford the monthly payments. The bank notified her that it planned to foreclose (take possession of and sell) on her home. Aceves filed for bankruptcy. The bank offered to modify Aceves’s mortgage if she would forgo bankruptcy. She agreed. Once she withdrew the filing, however, the bank fore-closed. [Aceves v. U. S. Bank, N. A., 192 Cal. App. 4th 218, 120 Cal. Rptr. 3d 507 (2 Dist. 2011)] (See page 268.)
(a) Could Aceves succeed on a claim of promissory estoppel? Why or why not?
(b) Did Aceves or U. S. Bank behave unethically? Discuss.