Tag : lawsuit

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. […]

Adversary Proceedings in Bankruptcy

Bankruptcy Law Overview, Chapter 13, Foreclosure

Adversary Proceedings: what are they?  The simple answer to this question is that an adversary proceeding is a civil action in the Federal Bankruptcy Court; it’s a lawsuit.  All adversary proceedings are governed by the Federal Rules of Bankruptcy Procedure “F.R.B.P.” Part VII.  F.R.B.P. Rule 7001 provides that a party can file an adversary proceeding to recover money or property; […]

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