Dzakula v. McHugh (In re Dzakula)
- Citation:
- Dzakula v. McHugh (In re Dzakula) - B.R. - (9th Cir. December 11, 2013)
- Tag(s):
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- Ruling:
- The Ninth Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of California's ruling, applying the New Hampshire v. Maine Standards, that failure to disclose potential litigation on schedules was neither inadvertent nor a mistake; therefore, judicial estoppel barred Dzakula from filing the action. See 532 US 742, 750-1 (2001)
- Procedural context:
- Dzakula filed Chapter 7 and failed to list a potential lawsuit against an employer. After the bankruptcy filing, Dzakula filed a lawsuit in Federal District Court. Defendant filed a Motion to Dismiss on judicial estoppel grounds and it was granted. Plaintiff filed an appeal and the Ninth Circuit Court of Appeals affirmed the District Court.
- Facts:
- Dzakula filed Chapter 7 bankruptcy and failed to list on her schedules that she had a potential lawsuit against an employer. After the Chapter 7 was filed, Dzakula filed a lawsuit in federal court against the employer for pre-bankruptcy actions. Plaintiff did not provide any evidence by affidavit or otherwise explaining the failure to include the potential lawsuit on the schedules.
- Judge(s):
- Hawkins, Graber, and Christen (Writer), Circuit Judges
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