06/24/2026
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 v. City of Arlington, 620 F.3d 477 (5th Cir.
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Tags: ATexasBankruptcyLawyersBlog, Bankruptcy Blogs, judicial estoppel, Justice Ketanji Brown Jackson, Supreme Court