Jowers v. Arthur
Court of Appeals of Georgia
1Opinion of the Court
Miller, Judge.
The issue is whether judicial estoppel bars a state law personal injury claim not listed as an asset in a Chapter 13 bankruptcy proceeding (begun after the accident but before the institution of the personal injury suit), when the plaintiff/debtor dismisses the incomplete bankruptcy petition (whose reduced payout plan has already been confirmed) and then refiles a corrected bankruptcy petition that includes the claim. We hold that judicial estoppel does not bar the claim.
*69Sherry Jowers1 sued Gertrude Arthur in superior court for personal injuries arising out of an auto collision.…
Also in this document: Concurrence.
2Cases cited8 opinions
- Southmark Corp. v. Trotter, Smith & JacobsCourt of Appeals of Georgia · 1994
- Johnson v. Trust Co. BankCourt of Appeals of Georgia · 1996
- Clark v. PerinoCourt of Appeals of Georgia · 1998
- Reagan v. LynchCourt of Appeals of Georgia · 1999
- Byrd v. JRC Towne Lake, Ltd.Court of Appeals of Georgia · 1997
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3Cited by20 opinions
- IBF Participating Income Fund v. Dillard-Winecoff, LLCSupreme Court of Georgia · 2002
- Kathleen A. McCallister v. Gordon Dixon, MDIdaho Supreme Court · 2013
- In Re TarrerUnited States Bankruptcy Court, N.D. Georgia · 2001
- Fulton County v. Ward-PoagSupreme Court of Georgia · 2020
- Buchan v. Lawrence Metal Products, Inc.Court of Appeals of Georgia · 2004
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