In re Phelps (02-52995)
Under Eleventh Circuit’s Parker case, judicial estoppel can never be a defense to a cause of action omitted from the debtor’s bankruptcy schedules. Therefore, the Court allowed Debtor to reopen his case to add the cause of action so a trustee could administer the asset. His creditors stood to benefit from any recovery, and Debtor would receive no special benefit.
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Date:
Sunday, March 29, 2009