Collections of Life & Heritage, Inc. v. Gaston-Thacker, GP, 277 Ga. App. 402 (January 27, 2006).
The creditor obtained a judgment and writ of fieri facias against the debtor. The debtor filed an action to set aside the writ on the grounds that debt was not listed as an asset in the bankruptcy case filed by one of the creditor’s two partners. The trial court held that judicial estoppel was not applicable, and the debtor appealed.
The Court of Appeals affirmed. It was not the creditor who filed for bankruptcy, but one of its partners. Additionally, the bankrupt partner informed the trustee of the existence of the claim and the trustee concluded that the claim did not have a significant impact on the bankruptcy estate.
Ga Court of Appeals – Judicial Estoppel Not Applicable Where Asset Not Listed In Principal’s Bankruptcy Case