ABI Commission on Consumer Bankruptcy – Judicial Estoppel

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

Over the past twenty years, the judicial estoppel doctrine has had a significant impact on people who file bankruptcy. Judicial estoppel has grown to be a significant issue within the consumer bankruptcy system. The Commission was asked to address it.

Judicial estoppel is a doctrine created to protect the judicial system, seeking to prevent parties from taking inconsistent positions in different cases.

Three factors generally identify when judicial estoppel should be invoked. First, whether a party’s later position is inconsistent with the initial position; second, whether . . .

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