Type: Amicus
Date: July 25, 2016
Description: Whether equitable estoppel under state law may prevent a debtor’s amendment of claimed exemptions.
Result: Pending
LVNV Funding, LLC v. Harling, No 16-1346, LVNV v. Rhodes, No. 16-1347 (4th Cir.)
Type: Amicus
Date: August 22, 2016
Description: Whether provision in confirmed chapter 13 plan, which reserved the debtors’ right to object to proofs of claim was sufficient to reserve the debtors’ right to object to unsecured creditor’s proof of claim for time-barred debt.
Result: Pending
Ingram v, AAA Cooper Transportation, No. 16-11440 (11th Cir.)
Type: Amicus
Date: June 16, 2016
Description: Whether Chapter 13 debtors have a free-standing duty to amend their bankruptcy schedules to reflect the post-petition acquisition of a legal claim. Whether judicial estoppel is appropriately applied against former Chapter 13 debtors who attempt to amend their bankruptcy schedules.
Results: Pending
Debtor Equitably Estopped from Claiming Homestead Exemption
The debtor’s unfair manipulation of her state homestead exemption claim justified the denial of the claim under the principles of equitable estoppel. Lua v. Miller (In re Lua), No. 15-04026 (C.D. Cal. Nov. 10, 2015). [Read more…] about Debtor Equitably Estopped from Claiming Homestead Exemption
Fifth Circuit Applies Judicial Estoppel Doctrine
In a disturbing trend favoring personal injury defendants over debtors who, without actual intent to deceive, fail to inform the bankruptcy court of a potential lawsuit, the Fifth Circuit applied the doctrine of judicial estoppel to prevent the debtor from benefiting from her state lawsuit. Flugence v. Axis Surplus Ins.(In re Flugence), No. 13-30073 (5th Cir. Oct. 4, 2013). [Read more…] about Fifth Circuit Applies Judicial Estoppel Doctrine
Ninth and Tenth Circuits Differ on Judicial Estoppel Considerations
When determining whether judicial estoppel should be applied in cases where a debtor has failed to disclose a pending lawsuit in her bankruptcy schedules, the ninth circuit expanded the inquiry into what constitutes “inadvertence” or “mistake” to include a subjective component. [Read more…] about Ninth and Tenth Circuits Differ on Judicial Estoppel Considerations