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Judicial Estoppel

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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

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

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