In re Lott (GASB 98-50320)

Chapter 13 debtor whose plan was completed and who was discharged, but whose case had not yet been closed, sought to amend his schedules to add a medical malpractice claim in order to avoid a judicial estoppel defense on the claim in state court. The Court denied debtor’s motion to amend because debtor had a right to amend without leave of Court under Federal Rule of Bankruptcy Procedure 1009(a).

Monday, September 24, 2001