Legal Opinion

Superior Crewboats Inc. v. Primary P & I Underwriters (In re Superior Crewboats, Inc.)

Court of Appeals for the Fifth Circuit

Decided June 18, 2004No. 03-30692PublishedCited by 117 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 *333concluded 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

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  3. Scarano v. Central R. Co. Of New JerseyCourt of Appeals for the Third Circuit · 1953
  4. Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002
  5. 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 by117 opinions

  1. Samuel Stallings v. Hussmann Corporation Brian GroningerCourt of Appeals for the Eighth Circuit · 2006
  2. Anne Spaine v. Community Contacts, Inc.Court of Appeals for the Seventh Circuit · 2014
  3. Kane v. National Union Fire InsuranceCourt of Appeals for the Fifth Circuit · 2008
  4. Reed v. City of ArlingtonCourt of Appeals for the Fifth Circuit · 2011
  5. Willie Love v. Tyson Foods, Inc.Court of Appeals for the Fifth Circuit · 2012

112 more not listed; retrieve them via the Exa API.

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