A few weeks ago I wrote an article to warn plaintiff attorneys to be careful to ensure that their clients who have previously filed bankruptcy to ensure that all claims they have against third parties are reported on the bankruptcy schedules. (Plaintiff’s Attorneys Beware: Your Client’s Bankruptcy Case is About to Sock You Right
Plaintiff’s Attorneys Beware: Your Client’s Bankruptcy Case is About to Sock You Right Between the Eyes
The more I think about the disastrous consequences of two recent 8th Circuit Court of Appeals decisions regarding Judicial Estoppel the more alarmed I become.
This is a time bomb waiting to go off. The 8th Circuit has ruled that debtors who fail to amend bankruptcy schedules to report claims against third parties that occur
Chapter 13 Debtors Lose Right to Recover On Unreported Claims
In two recent cases the 8th Circuit Court of Appeals has sustained summary judgments against debtors who failed to report claims against third parties that arose after the bankruptcy case was filed.
In the case of Jones v. Bob Evans Farms Inc., the debtor failed to disclose an employment discrimination claim that occurred 3