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· 4/15/1996

Federal Case

Citations

  • 81 F.3d 355
  • 1996 U.S. App. LEXIS 9925
  • 28 Bankr. Ct. Dec. (CRR) 1178

How courts have described this case

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

  • concluding that the debtor did not act in bad faith for several reasons, including that the confirmed bankruptcy plan conferred 91% of the benefit to the creditors
  • holding that deliberate manipulation could not be inferred from a debtor’s nondisclosure without further support in the record reflecting that the nondisclosure was intended to deceive the court
  • stating that doctrine of judicial estoppel is particularly appropriate in situations in which the party ben-efitted from its original position
  • concluding that the inference did not apply where the creditors were most.likely unaffected by the failure to disclose, the debtor received no benefit from its non-disclosure, and that there was no evidence that the debtor sought to conceal the claims deliberately
  • concluding that the inference did not apply where the creditors were most likely unaffected by the failure to disclose, the debtor received no benefit from its non-disclosure, and that there was no evidence that the debtor sought to conceal the claims deliberately
  • concluding that the inference did not apply where the creditors were most likely unaffected by the failure to disclose, the debtor received no benefit from its non-disclosure, and that there was no evidence that the debtor sought to conceal the claims deliberately

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.