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Tag : civil litigation

Judicial Estoppel: Why You Should Disclose All Assets, Claims and Debts

Bankruptcy & Civil Litigation, Chapter 11, Chapter 13, Chapter 7, Small Business Bankruptcy

 Have you heard of Judicial Estoppel?  Well, you need to if someone owes you money and you’re thinking of suing while contemplating bankruptcy. The doctrine of Judicial Estoppel generally prevents a party from prevailing in one phase of a case on an argument and then relying on a contradictory argument to prevail in another phase. […]

Filing Bankruptcy during Civil Litigation

Automatic Stay, Bankruptcy & Civil Litigation

The use of bankruptcy as a strategic move in litigation requires a fine line approach.  Susan S. Davis and Alicia N. Vaz wrote, The Impact of Adversary Filing for Bankruptcy during Civil Litigation , Los Angeles Lawyer (Sept., 2009), from a litigation strategy perspective. As a debtor strategy, the first inclination in seeking bankruptcy protection is to […]