So Ordered

Keathley v. Buddy Ayers Construction, Inc.

16:48

The Court holds that whether a debtor's failure to disclose a claim in bankruptcy was "inadvertent or mistaken" — the showing that can excuse applying judicial estoppel to bar a later lawsuit on that claim — must be judged from the totality of the circumstances surrounding the omission. The Fifth Circuit erred by confining that inquiry to just two factors: whether the debtor knew the facts…