· 5/26/1993
1993-1 Trade Cases P 70,178, Bankr. L. Rep. P 75,211 Payless Wholesale Distributors, Inc. v. Alberto Culver (p.r.) Inc.
Citations
- 989 F.2d 570
- 1993 WL 92676
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- characterizing Payless’ \plan” in bringing 20 claims against defendants following Payless’ discharge in bankruptcy as \[c]onceal[ing] your claims; get[ting] rid of your creditors on the cheap, and startling] over with a bundle of rights”
- debtor judicially estopped from asserting claim in later proceeding that was not disclosed in bankruptcy case
- “[Debtor’s conduct] is a palpable fraud that the court will not tolerate, even passively.”
- “Conceal your claims; get rid of your creditors on the cheap, and start over with a bundle of rights. This is a palpable fraud that the court will not tolerate, even passively.”
- Plaintiff “having obtained judicial relief on the representation that no claims existed, can not now resurrect them and obtain relief on the opposite basis.... Indeed, defendants may have a windfall. However, it is an unacceptable abuse of judicial proceedings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Stahl, Aldrich, Coffin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.