· 5/3/2004
USinternetworking, Inc. v. General Growth Management, Inc. (In Re USinternetworking, Inc.)
Citations
- 310 B.R. 274
- 2004 Bankr. LEXIS 703
- 43 Bankr. Ct. Dec. (CRR) 30
- 2004 WL 1091763
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- describing the purpose of the disclosures in the bankruptcy schedules to be allowing parties in interest to rely on them during the administration of the case
- applying judicial estoppel because any damages for the plaintiffs undisclosed breach of contract claim would have been available to its creditors, and thus it possessed “both knowledge of the claim and a motive to conceal the claim for its own benefit”
- finding knowledge of the claim and a motive to conceal the claim for its own benefit where the debtor stood to gain preservation of all potential recoveries on the claim for itself, without the need to share any portion thereof with its creditors
Source: CourtListener parenthetical corpus (CC0).
Judges: E. Stephen Derby
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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