Asociacion De Condomines Metro Medical v. Mmc LLC

How courts have described this case

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

• holding that after a defendant establishes the debtor’s motive to conceal, “it [falls to the debtor] to show that the omission of his claims from his schedule of assets was inadvertent”
• clarifying that the “relevant time frame for the judicial estoppel analysis” is “at the time [the debtor] failed to meet his disclosure obligations ”
• explaining that pending and unliqui-dated claims, and even potential causes of action, must be disclosed and become property of the bankruptcy estate
• stating that after summary judgment movant set out motivations to conceal, it fell to the nonmovant to show that the omission of his claims from his schedule of assets was inadvertent
• noting that the party asserting judicial estoppel bore the burden to establish it
• holding chapter 13 debtor could not benefit from an undisclosed cause of action

Source: CourtListener parenthetical corpus (CC0).