United States Third Circuit

District court's affirmance of the Bankruptcy Court's decision not to apply judicial estoppel to the entirety of a proof of claim filed by his estranged wife in his bankruptcy proceeding, and its conclusion that the wife has standing to pursue equitable distribution as a post-petition claim in the bankruptcy proceeding, is affirmed where: 1) for purposes of the fact-specific doctrine of judicial estoppel, there is no reason to conclude that the district court erred in finding that wife's proof of claim in her husband's bankruptcy proceeding was not irreconcilably inconsistent with her disclosures in her bankruptcy proceeding, or a bad faith change in position manifesting an intent to play fast and loose with the courts; and 2) the wife has standing to pursue equitable distribution according to the terms set forth in the Bankruptcy Court's order, as her equitable distribution claim was abandoned to her when the Bankruptcy Court in New York granted a discharge.

Appellate Information

• Decided 12/21/2010
• Published 12/21/2010

Judges

• BARRY

Court

• United States Third Circuit

Counsel