- 11 U.S.C.
Stephenson v. Malloy
Oct
30
2012
Ruling
Debtor's inadvertent omission of cause of action from schedules did not bar trustee from pursuing case.
Procedural posture
The U.S. District Court for the Eastern District of Michigan granted summary judgment to defendants, a driver and the driver's employer, on debtor's negligence action, on grounds of judicial estoppel for the debtor's failure to list the suit as assets in his bankruptcy under 11 U.S.C.S. § 521(a)(1), denied the substituted plaintiff bankruptcy trustee's motion for reconsideration. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available