Monthly Archives: October 2026

SWORD OR SHIELD? JUDICIAL ESTOPPEL IN THE CONTEXT OF UNSCHEDULED BANKRUPTCY PRE-PETITION CLAIMS ASSERTED IN A LATER STATE COURT ACTION

Simon PLC Attorneys & Counselors – October 2026 Memorandum SWORD OR SHIELD? JUDICIAL ESTOPPEL IN THE CONTEXT OF UNSCHEDULED BANKRUPTCY PRE-PETITION CLAIMS ASSERTED IN A LATER STATE COURT ACTION Troy, MI. Can a plaintiff’s failure to schedule pre-petition claims as assets of the bankruptcy estate preclude it from asserting those claims in a subsequent state-court […]