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Judicial Estoppel

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District Court (Ill.) Says Dealership Estopped from Asserting Defenses to Floorplan Lender Due to Dealership’s Failure to Raise Claims in Bankruptcy

by Scott J. Hyman |

In Fca Us Llc v. Santander Bank, N.A., No. 19 C 1516, 2021 U.S. Dist. LEXIS 52353 (N.D. Ill. Mar. 17, 2021), Judge Lee estopped a dealership from asserting defenses against a Floorplan lender. Here, Santander asserts that it is entitled to the funds held by FCA under the following logical sequence: (1) New City entered into and defaulted under… Read More

District Court (Wash.) Finds Debtor’s Failure to List FDCPA Claim in Bankruptcy Schedules Estops Debtor From Filing Civil FDCPA Claim Post-Discharge

by Scott J. Hyman |

In Black v. Midland Credit Management, Inc., 2013 WL 5140181 (W.D.Wash. 2013), Judge Leighton found that a debtor’s failure to list her FDCPA claim in her bankruptcy schedules estopped her from later attempting to bring the FDCPA claim post-discharge.  Judge Leighton explained: Judicial estoppel “is an equitable defense that precludes a party from gaining an advantage by as-serting one position,… Read More

District Court (Mo.) Finds FDCPA/TCPA Plaintiff Has Standing By Re-Opening BK to List the Assett, But Collaterally Estops Plaintiff From Bringing the Claim

by Scott J. Hyman |

In Schaefer v. First Source Advantage, LLC, 2013 WL 509001 (E.D.Mo. 2013), Judge Shaw found that a TCPA Plaintiff who re-opened his bankruptcy to list the asset gained standing to pursue it, but was estopped from bringing it.  If a debtor fails to list an asset in his bankruptcy schedules, that asset is not automatically abandoned back to the debtor… Read More

District Court (Cal.) Finds Plaintiff’s Failure to Schedule Claim against Bank in Plaintiff’s Previous Chapter 13 Schedule Estopps Plaintiff from Pursuing the Claim Later

by Scott J. Hyman |

In Becker v. Wells Fargo Bank, Nat. Ass'n, 2012 WL 5187792 (E.D.Cal. 2012), Judge Shubb found that a plaintiff’s failure to schedule his claim (wrongful foreclosure) against the Bank in his previous Chapter 13 bankruptcy case estopped him from pursuing the claim in the District Court. Plaintiff filed a voluntary Chapter 13 petition on July 8, 2011. (RJN Ex. 9.)… Read More