11 U.S.C. §541; Property of the Estate; Judicial Estoppel
Brown v. Brock, 2006 U.S. App. LEXIS 5452 (11th Cir. March 3, 2006)
Debtor filed an employment discrimination case against the defendant; however, he had not disclosed the claim in his bankruptcy schedules. The defendant filed a motion for judgment on the pleadings based upon judicial estoppel, and attached a copy of the debtor’s bankruptcy schedules to the motion. The District Court granted the motion and the debtor appealed.
The Eleventh Circuit reversed, finding that the District Court had considered evidence outside the pleadings, thus turning the motion into one of summary judgment, but had not given the debtor the required opportunity to supplement the record. See Fed.R.Civ.P. 12(c); Trustmark Ins. V. ESLU, Inc., 299 F.3d 1265, 1267 (11th Cir. 1002). Although there is an exception to this rule for judicially noticed facts, a court cannot take judicial notice of documents in a separate judicial proceeding.