Plaintiff had filed for Chapter 7 bankruptcy petition and failed to list this employment discrimination action on her bankruptcy schedules. The panel held that the district court applied the correct legal rule, properly weighed the factors set forth in New Hampshire v. Maine, 532 U.S. 742 (2001), and did not otherwise err in concluding that plaintiff’s omission on her bankruptcy schedule was neither inadvertent nor mistaken, and that therefore judicial estoppel barred the action.
The main issue was Evidence - with a capital E. The Plaintiff provided no evidence to show inadvertence nor mistake. Accordingly, no evidentiary hearing was needed and the Ah Quinn case was distinguishable.
2013 9th Cir. Dzakula v. McHugh
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