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Judicial Estoppel And The Eleventh Circuit Consumer Bankruptcy Debtor, James D. Walker Jr., Amber Nickell
Judicial Estoppel And The Eleventh Circuit Consumer Bankruptcy Debtor, James D. Walker Jr., Amber Nickell
Mercer Law Review
Judicial estoppel is an equitable doctrine intended to prevent a litigant from making a mockery of the judicial system by asserting inconsistent positions in different legal proceedings. The peculiarities of bankruptcy, however, are not always conducive to the easy application of judicial estoppel, particularly when it harms the debtor's creditors. Since the Eleventh Circuit Court of Appeals decided its first bankruptcy-related judicial estoppel case in 2002, the court has not fully addressed some important complexities raised by bankruptcy.
Bankruptcy, James D. Walker Jr., Amber Nickell
Bankruptcy, James D. Walker Jr., Amber Nickell
Mercer Law Review
No one topic dominated bankruptcy cases arising in the Eleventh Circuit in 2004, but several developments took center stage. First, judicial estoppel re-emerged as a tool used to prevent a windfall to the debtor when the trustee is the real party in interest. Second, any benefit accruing to debtors after last year's Supreme Court decision on state sovereign immunity may have been effectively eliminated by a recent circuit court decision. Third, student loan creditors endeavored to eviscerate the last remnants of the undue hardship discharge by invoking the availability of the income contingent repayment plan. This Article addresses these and …
Chapter 7 Bankruptcy And Section 707(B): Should The Subjective "Substantial Abuse" Standard Be Replaced By An Objective "Means-Testing" Formula?, J. Kaz Espy
Mercer Law Review
Because our society has become more and more reliant on the concept of "credit," the level of individual indebtedness has risen and, as a direct corollary, individual filings for bankruptcy relief have also increased. Credit can be beneficial to John D. Consumer ("Consumer") by allowing him to take possession of goods and pay for them at a later date. This in turn stimulates the economy by giving consumers more buying power. However, when Consumer fails to use discretion in his use of credit, he quickly finds out how the seemingly wonderful concept of credit can become a nightmare. If Consumer …