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- Title
Honing a Blunt Instrument: Refining the Use of Judicial Estoppel in Bankruptcy Nondisclosure Cases.
- Abstract
The article examines the significance of judicial estoppel in bankruptcy nondisclosure cases as a preclusion in the U.S. In a bankruptcy nondisclosure setting, estopping a debtor from proceeding with an undisclosed claim is an inequitable and inefficient remedy. The interests of creditors and company equity holders are likely best served by allowing the case to go forward without burdening the bankruptcy mechanism.
- Subjects
UNITED States; ACTIONS &; defenses (Law); BANKRUPTCY; ESTOPPEL; LEGAL evidence; DEBTOR &; creditor; LIQUIDITY (Economics)
- Publication
Vanderbilt Law Review, 2006, Vol 59, Issue 1, p205
- ISSN
0042-2533
- Publication type
Article