Legal Opinion
Eilber v. Floor Care Specialists, Inc.
Supreme Court of Virginia
Decided December 7, 2017No. Record 161311PublishedCited by 4 opinions
1Opinion of the Court
OPINION BY JUSTICE WILLIAM C. MIMS
**440 In this appeal, we consider whether judicial estoppel is an affirmative defense that is waived if not pled.
In December 2012, Russell E. Eilber filed a Chapter 13 bankruptcy petition in the United States Bankruptcy Court for the Western District of Virginia. Included with his petition was a proposed Chapter 13 payment plan, which required that he make 36 monthly payments to the bankruptcy trustee for the benefit of his creditors. The bankruptcy court confirmed the proposed Chapter 13 plan after determining that it satisfied the requirements of 11 U.S.C.…
2Cases cited19 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Grigson v. Creative Artists Agency, L.L.C.Court of Appeals for the Fifth Circuit · 2000
- Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, InclusiveCourt of Appeals for the Ninth Circuit · 1996
- Federal Communications Commission v. Airadigm Communications, Inc.Court of Appeals for the Seventh Circuit · 2010
- Flugence v. Axis Surplus Insurance (In Re Flugence)Court of Appeals for the Fifth Circuit · 2013
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3Cited by4 opinions
- Matthew D. Vacca, Respondent/Cross-Appellant v. Missouri Department of Labor and Industrial Relations, Division of Workers' Compensation, and Brian May, Appellants/Cross-Respondents.Supreme Court of Missouri · 2019
- SER Universal Underwriters & Zurich American Insurance. v. Hon. Patrick WilsonWest Virginia Supreme Court · 2019
- Kenneth M. Goldsmith v. David TidwellCourt of Appeals of Virginia · 2025
- SER Universal Underwriters & Zurich American Insurance. v. Hon. Patrick WilsonWest Virginia Supreme Court · 2019