- 11 U.S.C.
Grelier v. Burgess (In re Grelier)
Jan
27
2009
Ruling
Debtor estopped from pursuing legal malpractice action not disclosed in schedules.
Procedural posture
Plaintiff debtor filed a legal malpractice action against defendants, an attorney and his law firm, in state court. Defendants removed the action to the bankruptcy court. Defendants then moved to dismiss the adversary proceeding on the grounds that the debtor was barred by the doctrine of judicial estoppel from pursuing her claims against defendants because she failed to disclose the action as an asset in her schedules.
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Court
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