Breach of contract claim by LLC dismissed due to failure of its sole member to disclose the claim in bankruptcy.
Issue(s)
Should summary judgment should be granted in favor of defendant in a breach of contract action on the basis of judicial estoppel because debtor failed to disclose his ownership interest in plaintiff LLC and failed to disclose the lawsuit when he filed his personal bankruptcy petition?
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Patriot Mfg. LLC v. Hartwig Inc.
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Employment discrimination action dismissed as not disclosed in debtor's bankruptcy.
Procedural posture
Movant, the former employer of one of the debtors, moved to dismiss a state court civil action filed by the debtor against it for employment discrimination, asserting that the debtors had failed to disclose the state law claim in their bankruptcy pleadings and were judicially estopped from asserting the claim, or alternatively, that the claim was property of the bankruptcy estate.
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In re Blose
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Debtor's action against mortgage lender dismissed as not properly disclosed in bankruptcy.
Procedural posture
Plaintiff debtor filed an action against defendants, a mortgage lender and a nominee beneficiary, alleging 11 claims for relief arising from the debtor's purchase of a home, default on a mortgage, and foreclosure proceedings. Defendants filed a motion to dismiss the action.
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Neighbors v. Mortgage Elec. Registration Sys.
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Personal injury action dismissed as debtor failed to disclose cause of action in bankruptcy case.
Procedural posture
Plaintiff former employee sought review of a decision of the District Court for the District of Wyoming, which, in his personal injury action against defendants, his former employer and others, held that he was judicially estopped from pursuing his claims because he failed to disclose them to a bankruptcy court in the context of his chapter 7 bankruptcy as was required under 11 U.S.C. § 521(1).
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Eastman v. Union Pac. R.R.
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Court
:
Judge or Jurisdiction information not available
opinion summary, case decided on
July 06, 2007
, LexisNexis #0807-064
Debtor sufficiently described fair debt collection action in schedules so that misidentification of defendant did not proper investigation by trustee and could continue with lawsuit.
Procedural posture
Plaintiff consumer filed a Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., complaint against defendant holding company, then amended the complaint to dismiss the company and name defendant affiliate debt collection firm. The firm filed motions to dismiss as to both complaints, arguing the consumer failed to properly list the lawsuit on her bankruptcy schedules, thus divesting her of standing and the court of jurisdiction.
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Kuehn v. Cadle Co.
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Employee estopped from bringing discrimination action that was not disclosed in bankruptcy.
Procedural posture
Plaintiff former employee, acting pro se, brought an action against defendant employer alleging that he was wrongfully terminated and subjected to a hostile work environment because of his race and sex, in violation of Title VII of the Civil Rights Act of 1964, as amended. The employer filed a motion for summary judgment arguing that the employee should be judicially estopped from bringing the suit under 11 U.S.C. § 521(1).
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Small v. Arkansas Fair Housing Commn
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Summary judgment granted against chapter 13 debtor in postpetition action for wrongful termination under Family and Medical Leave Act which debtor did not identify in plan.
Procedural posture
Defendant employer moved for summary judgment in plaintiff employee's action alleging that the employer terminated his employment in violation of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601 et seq., and state law.
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Sayler v. Honda of Am. Mfg.
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Former employee was not judicially estopped from bringing an FLSA action for simply delaying by four months amending the debtor's chapter 13 bankruptcy schedule to include the potential claim.
Procedural posture
Plaintiff employee filed a notice of consent to become part of a class action to recover unpaid overtime wages brought against defendant employer pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201, et seq. The employer filed motions for summary judgment as to the employee's claim on the basis of judicial estoppel.
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Snowden v. Freds Stores of Tenn. Inc.
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