Guay v. Burack

How courts have described this case

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

• leaving “open” the question of whether “parties who fail to identify a legal claim in bankruptcy schedules may escape the application of judicial estoppel if they can show that they either lack[ed] knowledge of the undisclosed claims or ha[d] no motive for their concealment”
• “[D]eliberate dishonesty is not a prerequisite to the application of judicial estoppel. . . .”
• District court \defer[ed] resolution of the judicial estoppel issue until the factual record was better developed\
• “[T]he integrity of the bankruptcy process is sufficiently important that we should not hesitate to apply judicial estoppel even where it creates a windfall for an undeserving defendant.”
• “A determination of what will occur 18 in the future and the degree of likelihood of the occurrence 19 has been regularly regarded as fact-finding . . . .”
• \Where one succeeds in asserting a certain position in a legal proceeding one may not assume a contrary position in a subsequent proceeding simply because one's interests have changed.\

Source: CourtListener parenthetical corpus (CC0).