Legal Opinion
Superior Crewboats, Inc. v. Primary P & I Underwriters
Court of Appeals for the Fifth Circuit
Decided June 21, 2004No. 03-30692PublishedCited by 21 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
This case principally raises the question whether judicial estoppel prohibits these debtors from prosecuting a personal injury lawsuit that they did not timely disclose to the bankruptcy court. The district court concluded that confusion as to the viability of the claim, combined with the bankruptcy trustee’s lack of diligence, made judicial estoppel unwarranted as a matter of law. The district court’s rationale allows these debtors to have their cake and eat it too, as they retain the enormous benefit of a bankruptcy discharge while standing in line to receive…
2Cases cited13 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Scarano v. Central R. Co. Of New JerseyCourt of Appeals for the Third Circuit · 1953
- Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002
- In the Matter of Thomas v. Cassidy, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kirk v. PopeMississippi Supreme Court · 2007
- In re AdamsUnited States Bankruptcy Court, N.D. Mississippi · 2012
- Shannon Rogers v. Gulfside Casino PartnershipCourt of Appeals of Mississippi · 2016
- West v. Family Express Corp. (In Re Bilstat, Inc.)United States Bankruptcy Court, S.D. Texas · 2004
- Cargo v. Kansas City Southern Railway Co.District Court, W.D. Louisiana · 2010
16 more not listed; retrieve them via the Exa API.