Saturday, December 15, 2007

Discharge - Claim not disclosed in bankruptcy was barred by judicial estoppel.

A businessman was barred from asserting a $1,000,000 claim, which should have been disclosed in his bankruptcy, against his partners. The bankruptcy court's reopening of his case did not relieve the trial court of its authority to judicially estop him. He had received the benefit of a no asset discharge, and the period when his discharge could be re-opened or overturned had expired.

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