Third Circuit· 12/21/2010

In Re Kane

Citations

628 F.3d 631
64 Collier Bankr. Cas. 2d 1391
2010 U.S. App. LEXIS 25899
2010 WL 5157162

How courts have described this case

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

noting that property of the estate “encompasses contingent property interests such as causes of action”
affirming District Court's decision not to apply judicial estoppel where there was no finding of bad faith
describing a bankruptcy court’s expungement of a claim following a motion to expunge
“Judicial estoppel is a fact-specific, equitable doctrine, applied at courts’ discretion” and only to “avoid a miscarriage of justice.”
“we have emphasized that Section 541(a) ‘was intended to sweep broadly to include all kinds of property, including tangible or intangible property, and causes of action.’”
judicial estoppel did not apply when there were inconsistencies between statements during a divorce proceeding and a later bankruptcy proceeding but no sign of bad faith

Source: CourtListener parenthetical corpus (CC0).

Judges: Barry, Chagares, Vanaskie

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named In Re Kane

32 other CourtListener records share this case name.

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