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· 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 CourtListener

Sourced 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.