The Fifth Circuit has long applied judicial estoppel aggressively when a debtor fails to list a cause of action. It once held (in a panel opinion overruled by the en banc court) that a trustee was bound by a debtor's failure to disclose assets. Reed ... Read full article
The Fifth Circuit decided cases dealing with appellate procedure, exemptions, judicial estoppel, jurisdiction, sanctions, standing and surcharging collateral during the fourth quarter of 2015. A common theme among the cases is parties being disappointed ... Read full article
Filing bankruptcy is serious business. The mere act of filing a petition creates an automatic stay effective against all entities. Liens can be modified, taxes can be paid out and debts can be discharged. The price of admission for getting all ... Read full article
The doctrine of judicial estoppel reared its ugly head again, preventing a chapter 13 debtor from suing his former employer for racial discrimination. The U.S. Court of Appeals, Eighth Circuit, ruled that a chapter 13 debtor should have amended his ... Read full article
The summer months have been slow at the Fifth Circuit. August and September's opinions include an update on a prior opinion about abstention related to a chapter 15, judicial estoppel, mootness of an appeal of a sale order, a motion to compromise, ... Read full article
The recent case of Javier Milian vs. ... Read full article
The recent case of Javier Milian vs. ... Read full article
In the case of In re Foreman , 378 B.R. 717 (Bkrtcy.S.D.Ga. 2007) a wrongful death claim arose post-petition. The Court held this claim not to be property of estate as it arose post-confirmation and that a debtor has no ongoing duty to disclose assets ... Read full article
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Failure to schedule causes of action appears to be an endemic problem as shown by the fact that the Fifth Circuit has been asked to apply judicial estoppel to a bankruptcy case once again. However, the latest decision, Love v. Tyson Foods, Inc. , No. ... Read full article
The Dallas Court of Appeals has published a new decision correctly applying the doctrines of judicial estoppel and standing relating to a cause of action omitted from a bankruptcy filing. Norris v. Brookshire Grocery Company , ___. S.W.3d ___ (Tex. ... Read full article
In an important ruling, the Fifth Circuit Court of Appeals sitting en banc ruled that a debtor's nondisclosure would not bar a trustee from pursuing a large judgment for the benefit of creditors. Reed v. City of Arlington , No. 08-11098 (5th Cir. ... Read full article
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