Jethroe v. Omnova Solutions, Inc.

How courts have described this case

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

• reiterating that “[t]he obligation to disclose pending and unliquidated claims in bankruptcy proceedings is an ongoing one”
• holding that to prove inadvertent disclosure a plaintiff/debtor “must not show that she was unaware that she had a duty to disclose her claims but that, at the time she filed her bankruptcy petition, she was unaware of the facts giving rise to them”
• explaining that the non-disclosing party must show that she was unaware of the facts giving rise to her claims, not of her duty to disclose her claims
• stating that our precedent “requires that there be ‘no’ motive for concealment”
• finding that elements of judicial estoppel were satisfied when debtor filed her EEOC charge eight months before she filed her bankruptcy petition but concealed the potential claim from the bankruptcy court
• rejecting plaintiffs claims that her failure to inform the bankruptcy court of her claims was “inadvertent because she relied on her bankruptcy attorney’s advice that those claims were irrelevant.”

Source: CourtListener parenthetical corpus (CC0).