Legal Opinion

Conrad v. Bank of America

California Court of Appeal

Decided April 9, 1996No. C016482Published

1Opinion of the Court

Opinion

SPARKS, J.

In Oneida Motor Freight, Inc. v. United Jersey Bank (3d Cir. 1988) 848 F.2d 414, the United States Court of Appeals for the Third Circuit held that a debtor’s lender liability claims asserted against a bank in a postbankruptcy complaint were barred because the debtor failed to list those claims in the bankruptcy proceedings. The court concluded that the debtor “violated both its statutory and fiduciary duty to disclose this current claim against the bank during the pendency of the bankruptcy case. By virtue of this failure to disclose, equitable and judicial estoppel operate…

2Cases cited35 opinions

Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
Perez. v. CampbellSupreme Court of the United States · 1971
Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996

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