Luna v. Dominion Bank

How courts have described this case

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

• stating that the doctrine of judicial estoppel \preclude[s] a party from assuming a position in a legal proceeding inconsistent with a position previously asserted\
• stating that the doctrine of judicial estop-pel “preclude[s] a party from assuming a position in a legal proceeding inconsistent with a position ‘previously asserted”
• barring claim of Chapter 7 debtor where debtor clearly knew of claim, yet failed to reveal it to bankruptcy court
• where the plaintiff filed suit against defendant 18 months after the plaintiff’s bankruptcy, judicial estoppel was applicable, since plaintiff had failed to disclose the claims in the course of his bankruptcy
• where the plaintiff filed suit against defendant eighteen months after the plaintiff's bankruptcy, judicial estoppel was applicable, since plaintiff had failed to disclose the claims in the course of his bankruptcy
• “The doctrine of judicial estoppel applies, where a debtor in bankruptcy proceedings fails to disclose any claim that may be presented in a nonbankruptcy contest, to estop the debtor from presenting the claim.”

Source: CourtListener parenthetical corpus (CC0).