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· 6/24/2014

Anne Spaine v. Community Contacts, Inc.

Citations

  • 756 F.3d 542
  • 71 Collier Bankr. Cas. 2d 1531
  • 2014 U.S. App. LEXIS 11887
  • 59 Bankr. Ct. Dec. (CRR) 186
  • 123 Fair Empl. Prac. Cas. (BNA) 664
  • 2014 WL 2855000

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding factual issue regarding whether Chapter 7 debtor intended to conceal employment discrimination claim precluded summary judgment
  • reversing application of judicial estoppel because the civil defendant “needed to show more than an initial nondisclosure on a bankruptcy schedule”
  • distinguishing earlier cases where judicial estoppel applied, explaining that in those cases, “the Chapter 7 debtors engaged in affirmative misrepresentations”
  • finding abandonment where “[t]he bankruptcy case had been reopened and then closed again after the trustee undoubtedly knew about the civil case”
  • reversing the district court’s application of judicial estoppel where the plaintiff belatedly and orally disclosed her legal claim to the bankruptcy trustee, which suggested that the initial failure to disclose was inadvertent
  • permitting courts to take judicial notice of publicly available records of court proceedings

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Williams, Hamilton

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.