Fair Debt Collection: 13.3.3.5 Judicial Estoppel Other than Where Claims Omitted from Schedules
Efforts to impose judicial estoppel based on a past bankruptcy filing appear most often when the consumer omitted a legal claim from the schedule of assets. However, other affirmative statements that the debtor filed of record in the course of a bankruptcy may also lead to judicial estoppel. These statements are readily available on PACER for review by opposing counsel.