Baldwin v. Silver

¶1 The equitable doctrine of judicial estoppel precludes, among other things, a party from later asserting a claim that it failed to list in bankruptcy schedules. Here, the appellants listed a claim in the statement of affairs section of their bankruptcy schedules but not in the statement of assets section of those same schedules. They now assert that claim in this litigation. We conclude, as a matter of law, that listing the claim in the statement of affairs section was sufficient to avoid the strictures of the judicial estoppel doctrine, and we reverse the trial judge’s decision to the…