By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) When a case converts from Chapter 13 to Chapter 7 prior to the confirmation of a plan, the Chapter 13 Trustee is not permitted to divert funds from the debtor to the debtor’s attorney. In re Lettie, 597 B.R. 637 (Bankr. E.D Wis. 2019)...
Judicial Estoppel – The Eleventh Circuit Reexamines the Standard for its Application in Bankruptcy Cases
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By Kathryn Sanchez Kasper, Staff Attorney for Chapter 13 Trustee M. Elaina Massey (Brunswick, GA)
The 11th Circuit recently revisited application of the doctrine of judicial estoppel in cases where a bankruptcy debtor did not disclose a claim as an asset in the bankruptcy estate. The recent holding in Slater v. U. S. Steel, 871 F.3d 1174 (11th Circuit 2017) provides for a more flexible and opened ended approach in determining if judicial estoppel should preclude a debtor’s claim. This new standard may open the window for additional assets in bankruptcy cases to benefit creditors which . . .
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