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George Czaplinski v. Bank of America

Summarizing by Kristin Jain

Wal-Mart Stores, Incorporated, et al v. Tobin Park

A nonprecedential opinion applies Fifth Circuit authority to achieve a result that’s equitable for the debtor and creditors, and maybe also for a personal injury defendant.

- Rochelle Quick Take

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Case Type:
Case Status:
18-30378 (5th Circuit, Jan 08,2020) Not Published
Chapter 13 debtor could continue to prosecute a postpetition/postconfirmation personal injury claim that was not disclosed to the bankruptcy court. Although the facts established the elements of judicial estoppel, the Court declined to apply the doctrine for equitable reasons. However, the debtor had to turnover any recovery to the Chapter 13 Trustee to be administered for the benefit of creditors.
Procedural context:
Appeal from The U.S. Bankruptcy Court, Western District of Louisiana
Chapter 13 Debtor failed to disclose a postpetiton/postconfirmation personal injury claim that he was pursuing. in state court. The state court defendant reopened the Chapter 13 case and asserted the claim was barred for failure to disclose it to the bankruptcy court.
Owen, Weiner and Dennis

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