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Legal Views on Bankruptcy, Insolvency & Creditors’ Rights

Tag Archives: Judicial estoppel

The Power Of Three Overcomes A Putative Debtor Who Can Count To Twelve

Posted in Bankruptcy Trends
The Sixth Circuit BAP has reversed the denial of a motion to dismiss an involuntary petition.  A single petitioning creditor initiated the case of In re Zenga based on the putative debtors’ responses to interrogatories which identified 10 creditors.  The putative debtors sought to introduce evidence of additional creditors.  The bankruptcy court held the prior… Continue Reading

Judicial Estoppel Not a Slam Dunk

Posted in Bankruptcy Trends, Circuit Split
Seeing my Virginia Cavaliers lose to the Syracuse Orange and reading Mefford v. Norton Hospitals, reminds me that any discussion of judicial estoppel needs to be tempered by the doctrine’s exceptions and that the game is not over after the first half.  In Mefford, the Kentucky Court of Appeals reversed the trial court’s summary judgment based on… Continue Reading

Judicial Estoppel Better than Not Being a Debt Collector

Posted in Bankruptcy Trends, FDCPA
When handling an FDCPA claim, there are many initial questions to ask.  Besides the definitional issue, it is valuable to look for prior bankruptcies.  When a debtor fails to disclose the claim on the bankruptcy schedules, judicial estoppel prevents the debtor from later asserting it.  In Jarrett v. LVNV Funding, the Western District of Kentucky… Continue Reading