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Limitations On The Doctrine Of Judicial Estoppel

Law360 (October 27, 2008, 12:00 AM EDT) -- When tendered the defense of a new lawsuit, one of the items on the initial checklist of defense counsel should be to determine whether a plaintiff has filed for bankruptcy.

If so, the defendant may be able to remove the case to federal court or pursue a real party in interest defense.

Too often, the plaintiff/debtor did not list the asserted claim as an asset on the bankruptcy schedules, which the debtor signs under penalty of perjury that the information contain therein are true and correct...
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