Ask Mr. Civil Procedure Man

By Professor Ralph U. Whitten, Senator Allen A. Sekt Professor of Law at Creighton University Law School (Omaha, NE)

Dear Mr. Civ Pro Man,

Judicial estoppel is frequently employed in bankruptcy cases these days especially where a debtor omits from his list of assets a pending lawsuit and then tries to litigate it later, usually after the bankruptcy case is closed.

What is judicial estoppel and how does it differ from issue and claim preclusion in other contexts?

Sincerely,

As Dazed and Confused . . .

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