Kane v. National Union Fire Insurance

How courts have described this case

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

• holding that “creditors would be harmed [if] judicial estoppel were applied to bar the Trustee from pursuing the claim against the Defendants on behalf of the estate”
• explaining that a district court’s application of judicial estoppel is reviewed for abuse of discretion, even when the district court granted summary judgment on that basis
• recognizing that “because judicial estoppel is an equitable doctrine, and the decision whether to invoke it is within the court’s discretion, we review for abuse of discretion the lower court’s decision to invoke it” (internal quotation marks omitted)
• explaining that a trustee may abandon property of the estate, but may not administer property that was abandoned to the debtor pursuant to a different provision
• holding bankruptcy trustee should be able to pursue a claim on behalf of the creditors that the debtor himself would be judicially estopped from pursuing
• stating that judicial estoppel finding is reviewed for abuse of discretion, even if district court grants summary judgment on that basis

Source: CourtListener parenthetical corpus (CC0).