Showing posts with label Queen v. TA Operating. Show all posts
Showing posts with label Queen v. TA Operating. Show all posts

Monday, August 26, 2013

The 9th Circuit vs. the 10th Circuit - Judicial Estoppel

The 10th Circuit recently came down with a judicial estoppel decision of their own.  When I compared the facts of the 9th Circuit case vs. the 10th Circuit case, I was shocked to see how the 10th Circuit found that judicial estoppel applied.  Considering that I am a Trustee, I found the following quote more shocking:

"[t]he [bankruptcy] Court accepted this finding and [the Queens] received a no asset discharge."  p. 15 of opinion.

For those who don't know, it is the Trustee who files a no asset report not the Court.  In any case, take a read and compare it to my prior blog on the 9th Cir decision.
 





10th Cir. Judicial Estoppel Case (Queen v. TA Operating)


9th Cir. Blog re Judicial Estoppel