BankruptcyLawNetwork

Consumer Commission – Student Loan Discharge Recommendations

04/18/19

The American Bankruptcy Institute’s Commission on Consumer Bankruptcy issued its final report last week.   This is the first in a series of articles about those recommendations.  To see more information about the Commission, follow this link.

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Judicial Estoppel: Medical Malpractice Claim Survives Omission From Bankruptcy Schedule A/B

01/27/19

A chapter 7 trustee was allowed to pursue a medical malpractice claim that the debtor had failed to list in her papers, even where the trustee and the debtor had agreed to split the lawsuit proceeds.

In this New Hampshire case, Alward v. Johnston, 2017-0080 (N.H. Dec. 21, 2018), the state’s supreme court disagreed with other courts that the debtor’s conduct in omitting the asset should be imputed to the bankruptcy trustee.

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Judicial Estoppel: Medical Malpractice Claim Survives Omission From Bankruptcy Schedule A/B

01/27/19

A chapter 7 trustee was allowed to pursue a medical malpractice claim that the debtor had failed to list in her papers, even where the trustee and the debtor had agreed to split the lawsuit proceeds.

In this New Hampshire case, Alward v. Johnston, 2017-0080 (N.H. Dec. 21, 2018), the state’s supreme court disagreed with other courts that the debtor’s conduct in omitting the asset should be imputed to the bankruptcy trustee.

[more]