17 Cited authorities

New Hampshire v. Maine
532 U.S. 742 (2001) Cited 4,605 times 17 Legal Analyses
Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”
Hamilton v. State Farm Fire Cas. Co.
270 F.3d 778 (9th Cir. 2001) Cited 927 times 1 Legal Analyses
Holding that an initial “discharge of debt by a bankruptcy court, under these circumstances, is sufficient acceptance to provide a basis for judicial estoppel, even if the discharge is later vacated”
Biancalana v. T.D. Service Co.
56 Cal.4th 807 (Cal. 2013) Cited 128 times
Holding that a trustee who discovers a material defect in the foreclosure sale process before delivering the deed may rescind the sale and restart the process; "the statutory foreclosure process aims to ensure that a properly conducted sale is final between the parties" but this "purpose is not served by enforcing the finality of a sale that was conducted improperly"
Conrad v. Bank of America
45 Cal.App.4th 133 (Cal. Ct. App. 1996) Cited 183 times
Holding that an agreement on the part of the Bank to process a loan application was not a sufficient representation to plead fraud when the Bank turned down the loan
Thomas v. Gordon
85 Cal.App.4th 113 (Cal. Ct. App. 2000) Cited 59 times
In Thomas, which was decided prior to New Hampshire and Gottlieb, a doctor brought an action against the accountant for two corporations organized to support a medical clinic for the alleged failure to keep the plaintiff informed of the corporations' financial affairs.
International Engine Parts, Inc. v. Feddersen & Co.
64 Cal.App.4th 345 (Cal. Ct. App. 1998) Cited 62 times
In International Engine Parts, Inc. v. Feddersen & Co., supra, 64 Cal.App.4th 345, the litigant who was held to be judicially estopped failed to list, as in the case at bar, a pending lawsuit as an asset in the bankruptcy court.
Millennium Rock Mortgage Inc. v. T.D. Service Co.
179 Cal.App.4th 804 (Cal. Ct. App. 2009) Cited 24 times 2 Legal Analyses
In Millennium Rock and Biancalana, the procedural errors resulted in a sale price for the foreclosed properties that was "gross[ly] inadequa[te]."
Latin v. Perot Systems
336 F. App'x 708 (9th Cir. 2009) Cited 2 times
No. 08-15139. Argued and Submitted June 2, 2009. Filed July 1, 2009. Julie A. Mersch, Esquire, Law Office of Julie Mersch, Las Vegas, NV, for Plaintiff-Appellant. Ann-Martha Andrews, Esquire, Lawrence Kasten, Lewis Roca, LLP, Phoenix, AZ, for Defendants-Appellees. Appeal from the United States District Court for the District of Nevada, Robert Clive Jones, District Judge, Presiding. D.C. No. CV-06-01497-RCJ/GWF. Before: RAWLINSON and BYBEE, Circuit Judges, and BURNS, District Judge. The Honorable
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,729 times 177 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 521 - Debtor's duties
11 U.S.C. § 521 Cited 3,639 times 18 Legal Analyses
Requiring debtor to file a schedule of assets and liabilities
Section 110 - Penalty for persons who negligently or fraudulently prepare bankruptcy petitions
11 U.S.C. § 110 Cited 2,203 times 3 Legal Analyses
Prohibiting bankruptcy petition preparers from providing legal assistance
Section 152 - Concealment of assets; false oaths and claims; bribery
18 U.S.C. § 152 Cited 1,496 times 10 Legal Analyses
Imposing criminal penalties for fraud in bankruptcy cases
Section 3571 - Sentence of fine
18 U.S.C. § 3571 Cited 989 times 37 Legal Analyses
Establishing maximum fine of $500,000 for each felony offense of conviction
Section 543 - Turnover of property by a custodian
11 U.S.C. § 543 Cited 588 times 7 Legal Analyses
Accounting requirement
Section 342 - Notice
11 U.S.C. § 342 Cited 250 times 1 Legal Analyses
Referring to damages awarded under section 362(k) as “monetary penalty”
Section 156 - Knowing disregard of bankruptcy law or rule
18 U.S.C. § 156 Cited 22 times
Knowing disregard of bankruptcy law or rule

Mid-Wilshire Property, L.P. vs. Dr. Leevil, LLC

17 Cited authorities

Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

Holding that an initial “discharge of debt by a bankruptcy court, under these circumstances, is sufficient acceptance to provide a basis for judicial estoppel, even if the discharge is later vacated”

Holding that an agreement on the part of the Bank to process a loan application was not a sufficient representation to plead fraud when the Bank turned down the loan

In Thomas, which was decided prior to New Hampshire and Gottlieb, a doctor brought an action against the accountant for two corporations organized to support a medical clinic for the alleged failure to keep the plaintiff informed of the corporations' financial affairs.

In International Engine Parts, Inc. v. Feddersen & Co., supra, 64 Cal.App.4th 345, the litigant who was held to be judicially estopped failed to list, as in the case at bar, a pending lawsuit as an asset in the bankruptcy court.

In Millennium Rock and Biancalana, the procedural errors resulted in a sale price for the foreclosed properties that was "gross[ly] inadequa[te]."

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Allowing service by filing papers with the court's electronic-filing system

Requiring debtor to file a schedule of assets and liabilities

Prohibiting bankruptcy petition preparers from providing legal assistance

Imposing criminal penalties for fraud in bankruptcy cases

Establishing maximum fine of $500,000 for each felony offense of conviction

Accounting requirement

Referring to damages awarded under section 362(k) as “monetary penalty”

Knowing disregard of bankruptcy law or rule