26 Cited authorities

New Hampshire v. Maine
532 U.S. 742 (2001) Cited 4,544 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 922 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”
Burnes v. Pemco Aeroplex, Inc.
291 F.3d 1282 (11th Cir. 2002) Cited 571 times 4 Legal Analyses
Holding that "courts must always give due consideration to all of the circumstances of a particular case when considering the applicability of this doctrine"
Barger v. City of Cartersville
348 F.3d 1289 (11th Cir. 2003) Cited 364 times 2 Legal Analyses
Holding that the plaintiff could not "avoid the consequences of the acts or omissions of [her] freely selected [attorney]"
Cannon-Stokes v. Potter
453 F.3d 446 (7th Cir. 2006) Cited 290 times
Holding that a plaintiff who had failed to list her claim on a bankruptcy schedule could not later pursue the claim and stating, "It is impossible to believe that such a sizeable claim--one central to her daily activities at work--could have been overlooked when [plaintiff] was filling in the bankruptcy schedules. And if [plaintiff] were really making an honest attempt to pay her debts, then as soon as she realized that it had been omitted, she would have filed amended schedules and moved to reopen the bankruptcy, so that the creditors could benefit from any recovery."
Russell v. Rolfs
893 F.2d 1033 (9th Cir. 1990) Cited 467 times 1 Legal Analyses
Noting that estoppel applies where a party makes an assertion in a legal proceeding that directly contradicts an earlier assertion
Matter of Cassidy
892 F.2d 637 (7th Cir. 1990) Cited 333 times
Holding that a party that, on appeal, prevailed on a subsidiary question but lost the appeal as a whole was judicially estopped
Hay v. First Interstate Bank of Kalispell, N.A.
978 F.2d 555 (9th Cir. 1992) Cited 186 times 1 Legal Analyses
Holding that “[f]ailure to give the required notice [to the bankruptcy court] estops [the plaintiff-debtor] and justifies the grant of summary judgment to the defendants”
Jones-Riley v. Hewlett Packard Co.
No. 2:13-CV-00125-TLN-EFB (E.D. Cal. Jan. 21, 2015) Cited 4 times
Finding that the plaintiff's omission was not inadvertent because she had previously filed those claims with the EEOC
Talosig v. U.S. Bank N.A.
No. 2:15-cv-2433-MCE-CKD (E.D. Cal. Feb. 16, 2016) Cited 2 times
No. 2:15-cv-2433-MCE-CKD 02-16-2016 CAROLYN B. TALOSIG AND DARWIN A. TALOSIG, Plaintiffs, v. US BANK N.A.; CALIBER HOME LOANS, INC.; et al., Defendants. MORRISON C. ENGLAND, JR., CHIEF JUDGE UNITED STATES DISTRICT COURT MEMORANDUM AND ORDER Plaintiffs Carolyn Talosig and Darwin Talosig ("Plaintiffs") allege that Defendants US Bank, N.A., Caliber Home Loans, et al. (collectively "Defendants") wrongfully foreclosed on Plaintiffs' home. Presently before the Court is Defendant's Motion to Dismiss. ECF
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,444 times 174 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,725 times 210 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 524 - Effect of discharge
11 U.S.C. § 524 Cited 6,158 times 72 Legal Analyses
Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined
Section 507 - Priorities
11 U.S.C. § 507 Cited 4,324 times 26 Legal Analyses
Determining the priority of claims
Section 110 - Penalty for persons who negligently or fraudulently prepare bankruptcy petitions
11 U.S.C. § 110 Cited 2,199 times 3 Legal Analyses
Prohibiting bankruptcy petition preparers from providing legal assistance
Section 12900 - Short title
Cal. Gov. Code § 12900 Cited 2,245 times 9 Legal Analyses
This part may be known and referred to as the "California Fair Employment and Housing Act." Ca. Gov. Code § 12900 Amended by Stats 2022 ch 48 (SB 189),s 29, eff. 6/30/2022(amended Part heading). Added by Stats. 1980, Ch. 992.
Section 329 - Debtor's transactions with attorneys
11 U.S.C. § 329 Cited 1,532 times 2 Legal Analyses
Requiring reporting of compensation for services in connection with the bankruptcy case
Section 152 - Concealment of assets; false oaths and claims; bribery
18 U.S.C. § 152 Cited 1,485 times 9 Legal Analyses
Imposing criminal penalties for fraud in bankruptcy cases
Section 170 - Charitable, etc., contributions and gifts
26 U.S.C. § 170 Cited 1,297 times 98 Legal Analyses
In § 170 and § 501(c)(3), Congress has identified categories of traditionally exempt institutions and has specified certain additional requirements for tax exemption.
Section 722 - Redemption
11 U.S.C. § 722 Cited 517 times
Permitting a Chapter 7 debtor to redeem certain tangible personal property from certain liens "by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien"

Elhindi v. State of California et al

26 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 "courts must always give due consideration to all of the circumstances of a particular case when considering the applicability of this doctrine"

Holding that the plaintiff could not "avoid the consequences of the acts or omissions of [her] freely selected [attorney]"

Noting that estoppel applies where a party makes an assertion in a legal proceeding that directly contradicts an earlier assertion

Holding that a party that, on appeal, prevailed on a subsidiary question but lost the appeal as a whole was judicially estopped

Holding that “[f]ailure to give the required notice [to the bankruptcy court] estops [the plaintiff-debtor] and justifies the grant of summary judgment to the defendants”

Finding that the plaintiff's omission was not inadvertent because she had previously filed those claims with the EEOC

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

Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined

Determining the priority of claims

Prohibiting bankruptcy petition preparers from providing legal assistance

Requiring reporting of compensation for services in connection with the bankruptcy case

Imposing criminal penalties for fraud in bankruptcy cases

In § 170 and § 501(c)(3), Congress has identified categories of traditionally exempt institutions and has specified certain additional requirements for tax exemption.

Permitting a Chapter 7 debtor to redeem certain tangible personal property from certain liens "by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien"