Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)

How courts have described this case

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

• holding that judicial estoppel prevented corporate debtor’s CEO from benefitting from corporate debtor’s earlier failure to disclose claim
• holding that judicial estoppel prevented corporate debtor’s CEO from benefitting from corporate debtor’s earlier failure to disclose claim
• holding that a party is judicially estopped from taking a position that is “clearly inconsistent” with a previous position accepted by a court
• holding that the inconsistent positions prong was satisfied when the party to be estopped omitted the claims from its schedules and stipulations with the bankruptcy court
• finding that judicial acceptance was satisfied when the bankruptcy court lifted a stay based in part on the debtor’s nondisclosure in its bankruptcy schedules and in a lift-stay stipulation
• explaining that the doctrine of judicial estoppel is generally applied when, “intentional self-contradiction is being used as a means of obtaining unfair advantage in a forum provided for suitors seeking justice.”

Source: CourtListener parenthetical corpus (CC0).