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§ 1125(a)

In re Fullmer

Ruling
Debtor allowed to amend disclosures to include significant settlement with creditor.
Procedural posture

The debtors filed a disclosure statement and objections were filed by certain creditors. The debtors responded to the objections and satisfied all creditors with one exception. That creditor lodged 10 specific objections to the disclosure statement and urged that it not be approved.

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Consumer opinion summary, case decided on September 02, 2009 , LexisNexis #0909-131

Grelier v. Burgess (In re Grelier)

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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Consumer opinion summary, case decided on January 27, 2009 , LexisNexis #0309-088