1993-1 Trade Cases P 70,178, Bankr. L. Rep. P 75,211 Payless Wholesale Distributors, Inc. v. Alberto Culver (p.r.) Inc., 989 F.2d 570 (1st Cir. 1993). · Go Syfert
1993-1 Trade Cases P 70,178, Bankr. L. Rep. P 75,211 Payless Wholesale Distributors, Inc. v. Alberto Culver (p.r.) Inc., 989 F.2d 570 (1st Cir. 1993). Cases Citing This Book View Copy Cite
222 citation events (153 in the last 25 years) across 71 distinct courts.
Strongest positive: (PS) Lavy v. McDonough (caed, 2023-05-12)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) (PS) Lavy v. McDonough
E.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
conceal your claims; get rid of your 15 creditors on the cheap, and start over with a bundle of rights. this is a palpable fraud that the 16 court will not tolerate, even passively.
discussed Cited as authority (verbatim quote) Laza v. City of Palestine, Texas
E.D. Tex. · 2021 · quote attribution · 1 verbatim quote · confidence high
conceal your claims; get rid of your creditors on the cheap, and start over with a bundle of rights. this is a palpable fraud that the court will not tolerate, even passively.
discussed Cited as authority (verbatim quote) Eric M. Ciampa
Bankr. D. Mass. · 2020 · quote attribution · 1 verbatim quote · confidence high
aving obtained judicial relief on the representation that no claims existed, cannot now resurrect them and obtain relief on the opposite basis.
discussed Cited as authority (verbatim quote) Haydu v. Tidewater Community College
E.D. Va. · 2017 · quote attribution · 1 verbatim quote · confidence high
, having obtained judicial relief on the representation that no claims existed, can not now resurrect them and obtain relief on the opposite basis.
examined Cited as authority (verbatim quote) Ah Quin v. County of Kauai Department of Transportation (4×) also: Cited "see", Cited "see, e.g."
9th Cir. · 2013 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
conceal your claims; get rid of your creditors on the cheap, and start over with a bundle of rights. this is a palpable fraud that the court will not tolerate, even passively.
discussed Cited as authority (verbatim quote) Guay v. Burack (2×) also: Cited as authority (rule)
1st Cir. · 2012 · quote attribution · 1 verbatim quote · confidence high
having obtained judicial relief on the representation that no claims existed, can not now resurrect them and obtain relief on the opposite basis.
discussed Cited as authority (verbatim quote) Puget Sound National Bank v. Ferguson
Wash. Ct. App. · 2000 · quote attribution · 1 verbatim quote · confidence high
payless, having obtained judicial relief on the representation that no claims existed, can not now .. . obtain relief on the opposite basis . .. is an unacceptable abuse of judicial proceedings
discussed Cited as authority (verbatim quote) In Re Bridgepoint Nurseries, Inc.
Bankr. D.N.J. · 1996 · quote attribution · 1 verbatim quote · confidence high
is a palpable fraud that the court will not tolerate, even passively.
discussed Cited as authority (rule) Botelho v. Buscone
1st Cir. · 2023 · confidence medium
In the bankruptcy context, this has often meant that a debtor, "having obtained judicial relief on the representation that no claims existed, can not now resurrect them and obtain relief on the opposite basis." Payless Wholesale Distribs., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993).
cited Cited as authority (rule) McChristian v. Ditech Holding Corporation Mortgage, LLC
Bankr. S.D.N.Y. · 2021 · confidence medium
Id. at 213 (citing Payless Wholesale Distributors, Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993), cert. denied, 510 U.S. 931 (1993)).
discussed Cited as authority (rule) Ferrara v. Griffis
D.R.I. · 2021 · confidence medium
Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (st Cir. 1993) (debtor judicially estopped from asserting claim in later proceeding that was not disclosed in bankruptcy case).
discussed Cited as authority (rule) Reese v. HomeAdvisor, Inc.
D. Kan. · 2021 · confidence medium
Mar. 26, 2014) (stating that “Plaintiff cannot disregard the cases in this Circuit that have held that judicial estoppel applies even in a Chapter 13 context either before or after a bankruptcy plan has been confirmed.” (citations omitted)). 47 244 F. App’x at 891 (first citing Payless Wholesale Distribs., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993); and then citing Oneida Motor Freight, Inc. v. United Jersey Bank, 848 F.2d 414, 417 (3d Cir. 1988)). 48 416 F. App’x at 733 . 49 Id. her schedules to include this lawsuit very recently and nearly four months after…
discussed Cited as authority (rule) Moore
Bankr. W.D. Wash. · 2021 · confidence medium
Payless Wholesale Distribs., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 572 (1st Cir. 25 1993). “[A] debtor who fails to properly schedule a legal claim may be barred from asserting that 1 claim after the close of the bankruptcy case. . . .
cited Cited as authority (rule) White v. Granite Telecommunications, LLC
D. Mass. · 2021 · confidence medium
Id.; Payless Wholesale Distribs., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993).
discussed Cited as authority (rule) Papamechail v. Stigliano, Inc.
Bankr. D. Mass. · 2020 · confidence medium
Guay v. Burack, 677 F.3d at 17 (affirming dismissal of claims debtor had failed to schedule, and noting that “it is well established that a failure to identify a claim as an asset of a bankruptcy proceeding is a prior inconsistent position that may serve as the basis for application of judicial estoppel”), and Payless Wholesale Distribs., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir.1993) (“[H]aving obtained judicial [bankruptcy] relief on the representation that no claims existed, [plaintiff] cannot now resurrect them and obtain relief on the opposite basis.”); see I…
discussed Cited as authority (rule) Beach v. Nationstar Mortgage LLC
D. Idaho · 2019 · confidence medium
Hay v. First Interstate Bank of Kalispell, N.A., 978 F.2d 555 , 557 (9th Cir.1992) (failure to give notice of a potential cause of action in bankruptcy schedules and Disclosure Statements estopped the debtor from prosecuting that cause of action); Dzakula v. McHugh, 746 F.3d 399, 401 (9th Cir. 2014) (judicial estoppel applied where plaintiff-debtor failed to list a potential action or claim in a bankruptcy proceeding, resulting in dismissal of subsequent lawsuit based on the omitted claim); In re Coastal Plains, 179 F.3d 197, 208 (5th Cir.1999) (holding that a debtor is barred from bringing cl…
discussed Cited as authority (rule) Babin v. Plaquemines Parish
E.D. La. · 2019 · confidence medium
Oct. 15, 2018) (citing Superior Crewboats, supra). 75 Superior Crewboats, 374 F.3d at 336 (quoting Payless Wholesale Ditrib., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993)). 76 Fornesa v. Fifth Third Mortgage Company, 897 F.3d 624, 628 (5th Cir. 2018) (quoting Allen v. C & H Distribs., L.L.C., 813 F.3d 566, 572 (5th Cir. 2015)). 77 Allen, 813 F.3d at 575 (quoting Reed v. City of Arlington, 650 F.3d 571, 574 (5th Cir. 2011)) (internal quotation marks omitted). “where a debtor is judicially estopped from pursuing a claim he failed to disclose to the bankruptcy court, th…
discussed Cited as authority (rule) Noble Energy, Inc. v. Conocophillips Company
Tex. · 2017 · confidence medium
Such a result would permit debtors to ‘[c]onceal their claims; get rid of [their] creditors on the cheap, and start over with a bundle of rights.’” (alterations in original) (quoting Payless Wholesale Distribs., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993))); Burnes, 291 F.3d at 1288 (“Allowing [the debtor] to back-up, re-open the bankruptcy case, and amend his bankruptcy filings, only after his omission has been challenged by an adversary, suggests that a debtor should consider disclosing potential assets only if he is caught concealing them.”).
discussed Cited as authority (rule) Noble Energy, Inc. v. Conocophillips Company
Tex. · 2017 · confidence medium
Such a result would permit debtors to ‘[c]onceal their claims; get rid of [their] creditors on the cheap, and start over with a bundle of rights.’” (alterations in original) (quoting Payless Wholesale Distribs., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993))); Burnes, 291 F.3d at 1288 (“Allowing [the debtor] to back-up, re-open the bankruptcy case, and-amend his bankruptcy filings, only after his omission has been challenged by an adversary, suggests that a debtor should consider disclosing potential assets only if he is- caught concealing them.”).
discussed Cited as authority (rule) Shirley Adams v. Graceland Care Center of Oxford, LLC (2×)
Miss. · 2017 · confidence medium
Such a result would permit debtors to “[c]onceal their claims; get rid of [their] creditors on the cheap, and start over with a bundle of rights.” Payless Wholesale Distrib., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993).
discussed Cited as authority (rule) Shirley Adams v. Graceland Care Center of Oxford, LLC
Miss. · 2017 · confidence medium
Such a result would permit debtors to “[c]onceal their claims; get rid of [their] creditors on the cheap, and start over with a bundle of rights.” Payless Wholesale Distrib., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993).
discussed Cited as authority (rule) Anthony Wong v. Michaels Stores, Inc.
9th Cir. · 2016 · confidence medium
Here, Wong omitted his pending claims for his bankruptcy schedules; he never attempted to amend those schedules to correct the error; he undisputedly knew of his pending claim when he filed his schedules; and, as is almost always the case, he had a motive to conceal his claim: to “get rid of [his] creditors on the cheap, and start over with a bundle of rights.” See Payless Wholesale Distribs., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir.1993).
discussed Cited as authority (rule) Copelan v. Techtronics Industries Co.
S.D. Cal. · 2015 · confidence medium
It is well established, “[i]n the bankruptcy context, [that] a party is judicially estopped from asserting a cause of action not raised in a reorganization plan or otherwise mentioned in the debtor’s schedules or disclosure statements” and “that a discharge of debt by a bankruptcy court, under [certain] circumstances, is sufficient acceptance to provide a basis for judicial estoppel, even if the discharge is later vacated.” Hamilton, 270 F.3d at 783 -84 (citing Hay v. First Interstate Bank of Kalispell, N.A., 978 F.2d 555, 557 (9th Cir.1992); In re Coastal Plains, 179 F.3d 197, 208 (…
discussed Cited as authority (rule) Trafton v. Koplove, et al.
D.N.H. · 2014 · confidence medium
With the facts so construed, “questions of law [are] ripe for resolution at the pleadings stage.” Simmons v. Galvin, 575 F.3d 24, 30 (1st Cir. 2009), including whether judicial estoppel operates to bar the plaintiff’s claims, see, e.g., Payless Wholesale Distrib., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993).
discussed Cited as authority (rule) Flores-Febus v. MVM, Inc.
D.P.R. · 2014 · confidence medium
The First Circuit Court of Appeals has noted that “[a] long-standing tenet of bankruptcy law requires one seeking benefits under its terms to satisfy a companion duty to schedule, for the benefit of creditors, all his [or her] interests and property rights.” Payless Wholesale Distrib., Inc. v. Alberto Culver (P.R.), Inc., 989 F.2d 570, 571 (1st Cir.1993) (quoting Oneida Motor Freight, Inc. v. United Jersey Bank, 848 F.2d 414, 416 (3d Cir.1988)).
discussed Cited as authority (rule) Robinson v. District of Columbia (2×)
D.D.C. · 2014 · confidence medium
Servs., 260 F.3d 909, 918 (8th Cir.2001); Payless Wholesale Distrib., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir.1993).
discussed Cited as authority (rule) Amash v. Home Depot U.S.A., Inc. (2×) also: Cited "see, e.g."
Bankr. N.D.N.Y. · 2013 · confidence medium
In addition, the integrity of both the bankruptcy process and the judicial process would suffer.”), cert. denied, 541 U.S. 1043 , 124 S.Ct. 2172 , 158 L.Ed.2d 732 (2004); Payless Wholesale Distribs., Inc. v. Alberto Culver, Inc., 989 F.2d 570, 571-72 (1st Cir.) (“In order to preserve the requisite reliability of disclosure statements and to provide assurances to creditors regarding the finality of plans which they have voted to approve ... [plaintiffs] failure to announce [its] claim against a creditor precludes it from litigating the cause of action at this time.”) (quoting Oneida Motor…
discussed Cited as authority (rule) Canterbury v. J.P. Morgan Acquisition Corp.
W.D. Va. · 2013 · confidence medium
“The basic principle of bankruptcy is to obtain discharge from one’s creditor’s in return for all one’s assets, except those exempt, as a result of which creditors release their own claims and the bankrupt can start fresh.” Payless Wholesale Distributors, Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir.1993) (adding that “a better plan” of “concealing] your claims; get[ting] rid of your creditors on the cheap, and startling] over with a bundle of rights .... is palpable fraud that the court will not tolerate, even passively”).
discussed Cited as authority (rule) United Fire & Casualty Co. v. Thompson
E.D. Mo. · 2013 · confidence medium
With respect to the. third factor, the Eighth Circuit noted that “where a debtor files suit against a party, alleging that the party was responsible for the debtor filing bankruptcy, but failed to refer to the claim in any of its bankruptcy petitions, the debtor is judicially estopped from subsequently asserting the pre-petition claim that was not disclosed to the bankruptcy court.” Stallings, 447 F.3d at 1048 ; Payless Wholesale Distrib., Inc. v. Alberto Culver, Inc., 989 F.2d 570, 571 (1st Cir.1993); see also Barger v. City of Carters-ville, 348 F.3d 1289 (11th Cir.2003).
discussed Cited as authority (rule) In re Adams
Bankr. N.D. Miss. · 2012 · confidence medium
Such a result would permit debtors to “[cjonceal their claims; get rid of [their] creditors on the cheap, and start over with a bundle of rights.” Payless Wholesale Distrib., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir.1993).
cited Cited as authority (rule) Feliciano v. Puerto Rico State Insurance Fund
D.P.R. · 2011 · confidence medium
Cinemas Corp., 834 F.2d 208, 212 (1st Cir.1987); Payless Wholesale Distributors, Inc., et al., 989 F.2d 570, 571 (1st Cir.1993).
cited Cited as authority (rule) Segarra-Miranda v. RD Capital Group, Inc. (In Re Garrido Jiménez)
D.P.R. · 2011 · confidence medium
Cinemas Corp., 834 F.2d 208, 212 (1st Cir.1987); Payless Wholesale Distributors, Inc., et al, 989 F.2d 570, 571 (1st Cir.1993).
cited Cited as authority (rule) Calderon v. CITIMORTGAGE, INC.
D.P.R. · 2010 · confidence medium
Cinemas Corp., 834 F.2d 208, 212 (1st Cir.1987); Payless Wholesale Distributors, Inc., et al. 989 F.2d 570, 571 (1st Cir.1993).
discussed Cited as authority (rule) Moses v. Howard University Hospital
D.C. Cir. · 2010 · confidence medium
Sens., 260 F.3d at 918 (noting that the debtors “represented to the bankruptcy court that they did not have any contingent claims” and that they “stood to benefit from the inconsistent positions put forward” because the new claim “was not theirs for purposes of bankruptcy, but it was theirs for the purposes of a later ... action”); Hamilton, 270 F.3d at 784 (noting that the debtor “failed to list his claims ... as assets on his bankruptcy schedules, and then later sued ... on the same claims ”) (emphasis added); Payless Wholesale Distribs., 989 F.2d at 571 (The debtor, “havin…
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. CRST Van Expedited, Inc.
N.D. Iowa · 2009 · confidence medium
The Eighth Circuit Court of Appeals and this court do “not allow the debtor to conceal its claims, get rid of its creditors ‘on the cheap,’ and start over with a ‘bundle of rights.’ ” Stallings, 447 F.3d at 1048 (citing Payless Wholesale Distrib., Inc. v. Alberto Culver, Inc., 989 F.2d 570, 571 (1st Cir.1993)).
examined Cited as authority (rule) Locapo v. Colsia (3×) also: Cited "see"
D.N.H. · 2009 · confidence medium
Payless Wholesale Distribs., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir.1993).
cited Cited as authority (rule) Galin v. Internal Revenue Service
D. Conn. · 2008 · confidence medium
Inc. v. Alberto Culver, Inc., 989 F.2d 570, 571 (1st Cir.1993)).
cited Cited as authority (rule) Sutliffe v. Epping School District
D.N.H. · 2008 · confidence medium
Bankers Corp.), 324 F.3d 12, 15-16 (1st Cir.2003) (res judicata); Payless Wholesale Distribs. v. Alberto Culver (P.R.), Inc., 989 F.2d 570, 571 (1st Cir.1993) (judicial estoppel).
discussed Cited as authority (rule) GE HFS Holdings, Inc. v. National Union Fire Ins.
D. Mass. · 2007 · confidence medium
In such a situation, the plan to “[c]onceal your claims; get rid of your creditors on the cheap, and start over with a bundle of rights” constitutes “an unacceptable abuse of judicial proceedings.” Payless Wholesale Distrib., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir.1993), and cases cited.
discussed Cited as authority (rule) Gottlieb v. Kest
Cal. Ct. App. · 2006 · confidence medium
(See Billmeyer, supra, 42 Cal.App.4th at pp. 1088, 1090, 1092, 1096 [debtor failed to list legal claim against lender but subsequently filed suit on claim, alleging lender’s breach of loan agreements was catalyst for bankruptcy]; Conrad v. Bank of America, supra, 45 Cal.App.4th at pp. 137-138, 143-145, 148, 160 [debtors failed to list legal claim against lender but alleged in postbankruptcy action that lender’s fraud in refusing to make loan forced them to file for bankruptcy]; Payless Wholesale Distrib. v. Alberto Culver (1st Cir. 1993) 989 F.2d 570, 571 [debtor failed to list legal claim…
discussed Cited as authority (rule) Samuel Stallings v. Hussmann Corp.
8th Cir. · 2006 · confidence medium
Payless Wholesale Distrib., Inc. v. Alberto Culver, Inc., 989 F.2d 570, 571 (1st Cir. 1993); see also Barger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003) (prohibiting an employee who filed for bankruptcy because a demotion resulted in less pay from filing suit against her employer for violation of the FMLA because the employee failed to list the discrimination suit as an asset).
discussed Cited as authority (rule) Samuel Stallings v. Hussmann Corporation Brian Groninger
8th Cir. · 2006 · confidence medium
Payless Wholesale Distrib., Inc. v. Alberto Culver, Inc., 989 F.2d 570, 571 (1st Cir.1993); see also Barger v. City of Cartersville, 348 F.3d 1289 (11th Cir.2003) (prohibiting an employee who filed for bankruptcy because a demotion resulted in less pay from filing suit against her employer for violation of the FMLA because the employee failed to list the discrimination suit as an asset).
discussed Cited as authority (rule) Pryor v. Deberry (In Re Pryor)
Bankr. N.D. Miss. · 2006 · confidence medium
Such a result would permit debtors to “[c]onceal their claims; get rid of [their] creditors on the cheap, and start over with a bundle of rights.” Payless Wholesale Distrib., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir.1993).
discussed Cited as authority (rule) Spann v. DynCorp Technical Services, LLC
M.D. Ala. · 2005 · confidence medium
Plaintiffs plan could be characterized as “[cjonceal your claims; get rid of your creditors on the cheap, and start over with a bundle of rights.” Id. at 213 (quoting Payless Wholesale Distributors, Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir.), cert. denied, 510 U.S. 931 , 114 S.Ct. 344 , 126 L.Ed.2d 309 (1993)).
discussed Cited as authority (rule) Autos, Inc. v. Gowin
Bankr. D. Kan. · 2005 · confidence medium
(State court citations omitted.) See Payless Wholesale Distributors, Inc. v. Alberto Culver, 989 F.2d 570, 571 (1st Cir.1993), cert. denied, 510 U.S. 931 , 114 S.Ct. 344 , 126 L.Ed.2d 309 (1993); Oneida, 848 F.2d at 419 ; Brassfield [v. McLendon Furniture, Inc.], 953 F.Supp. [1424] at 1432-33 [(M.D.Ala.1996)].
discussed Cited as authority (rule) A & J CONST. CO., INC. v. Wood
Idaho · 2005 · confidence medium
Hay v. First Interstate Bank of Kalispell, N.A., 978 F.2d 555, 557 (9th Cir.1992) (failure to give notice of a potential cause of action in bankruptcy schedules and Disclosure Statements estops the debtor from prosecuting that cause of action); In re Coastal Plains, 179 F.3d 197, 208 (5th Cir.1999), cert. denied, 528 U.S. 1117 , 120 S.Ct. 936 , 145 L.Ed.2d 814 (2000) (holding that a debtor is barred from bringing claims not disclosed in its bankruptcy schedules); Payless Wholesale Distributors, Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 572 (1st Cir.), cert. denied, 510 U.S. 931 , 114 S…
discussed Cited as authority (rule) Hovis v. General Dynamics Corp. (In Re Hovis)
Bankr. D.S.C. · 2005 · confidence medium
See, e.g., Oneida Motor Freight Inc. v. United Jersey Bank, 848 F.2d 414 (3d Cir.1988); Payless Wholesale Distribs., Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571-72 (1st Cir.1993); Monroe County Oil Co. v. Amoco Oil Company, 75 B.R. 158,162 (S.D.Ind.1987).
discussed Cited as authority (rule) OMEGBU v. Nicholson
Wis. Ct. App. · 2005 · confidence medium
Ill. 2000) ("Section 541 of the Bankruptcy Code provides that upon the commencement of a bankruptcy case, an estate is created comprising `all legal and equitable interests of the debtor in property[.]' A cause of action is property, and has been so regarded for purposes of the Bankruptcy Code.") (citations omitted). ¶13 In Payless Wholesale Distributors, Inc. v. Alberto Culver (P.R.) Inc., 989 F.2d 570, 571 (1st Cir. 1993) (citation omitted), the United States Court of Appeals for the First Circuit observed: The basic principle of bankruptcy is to obtain a discharge from one's creditors in r…
discussed Cited as authority (rule) Cunningham v. Reliable Concrete Pumping, Inc.
Wash. Ct. App. · 2005 · confidence medium
Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282, 1286 (11th Cir.2002) (because creditors and bankruptcy courts rely on the accuracy of disclosure statements when deciding whether to grant a no asset discharge, the importance of the disclosure duty cannot be overstated); In re Coastal Plains, Inc., 179 F.3d 197, 208 (5th Cir.1999) (holding that a debtor is barred from bringing claims not disclosed in its bankruptcy schedules); Hay v. First Interstate Bank of Kalispell, N.A., 978 F.2d 555, 557 (9th Cir.1992) (failure to give notice of a potential cause of action in bankruptcy schedules and disclos…
discussed Cited as authority (rule) Cunningham v. Reliable Concrete Pumping, Inc.
Wash. Ct. App. · 2005 · confidence medium
Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282, 1286 (11th Cir. 2002) (because creditors and bankruptcy courts rely on the accuracy of disclosure statements when deciding whether to grant a no asset discharge, the importance of the disclosure duty cannot be overstated); In re Coastal Plains, Inc., 179 F.3d 197, 208 (5th Cir. 1999) (holding that a debtor is barred from bringing claims not disclosed in its bankruptcy schedules); Hay v. First Interstate Bank of Kalispell, N.A., 978 F.2d 555, 557 (9th Cir. 1992) (failure to give notice of a potential cause of action in bankruptcy schedules and disc…
Retrieving the full opinion text from the archive…
PAYLESS WHOLESALE DISTRIBUTORS, INC., Et Al., Plaintiffs, Appellants,
v.
ALBERTO CULVER (P.R.) INC., Et Al., Defendants, Appellees
92-2149.
Court of Appeals for the First Circuit.
May 26, 1993.
989 F.2d 570
Fernando L. Gallardo with whom Woods & Woods was on brief for plaintiffs, appellants., Victor E. Grimm with whom Michael J. Abernathy, Bell, Boyd & Lloyd, Ana Ma-tilde Nin, Ramon Coto-Ojeda and McConnell Valdes Kelley Sifre Griggs & Ruiz-Suria were on brief for defendants, appel-lees.
Stahl, Aldrich, Coffin.
Cited by 142 opinions  |  Published
BAILEY ALDRICH, Senior Circuit Judge.

On July 17, 1990 plaintiffs Payless Wholesale Distributors, Inc. (Payless); L.A. Formulations, Inc. (LAF); and Leonel M. Lima (Lima) filed a 110 page first amended complaint, containing twenty causes of action against Alberto Culver (P.R.), Inc.; LSE Sales Corp.; LSE Advertising Company; Alberto-Culver Company; and Leonard S. Etten. Monetary damages were specified for each cause, varying between $5 million and $150 million. Out of abundance of caution, plaintiffs requested “any additional relief that this Honorable Court deem (sic) just and proper.” The district court, quite properly, criticized the complaint for not being “a short and plain statement” in accordance with Fed.R.Civ.P. 8(a)(2). Even more justly, it could have complained of the flagrant violation of Fed. R.Civ.P. II. [1] The amount of damages sought is a relevant matter. See Mestayer v. Wisconsin Physicians Service Ins. Corp., 905 F.2d 1077, 1080 (7th Cir.1990). Cf. Thorpe v. Mutual of Omaha Ins. Co., 984 F.2d 541, 544 (1st Cir.1993). Coupled with the extended complaint it would be difficult to think of clearer indifference to counsel’s elementary obligations.

[*571] In a comprehensive opinion the court granted defendants’ motion to dismiss nineteen of the causes of action, and then granted a motion for summary judgment for defendants as to the twentieth. Happily, we need not reach the correctness of these individual rulings. The court should have recognized the defense of judicial es-toppel and dismissed the complaint at the outset. On that basis we affirm.

According to the complaint defendants were guilty, inter alia, of violating the antitrust and RICO laws, tortious interference with contractual relations, mail and wire fraud, conspiracy, breach of contract, fault or negligence, and damage to reputation, all for the purpose of driving plaintiffs out of business. [2] By reason of these alleged wrongs Payless, soon after commencing business in February, 1986, found itself having to take various actions that it would not have chosen. Business was unsuccessful, and in July, 1988 it filed for bankruptcy under Chapter 11. In re Pay-less Wholesale Distributors, Inc., No. 88-0951 (Bankr.D.P.R. filed July 14, 1988). In connection therewith there were requirements to give reasons for filing, and to list all debtor’s assets, including claims and causes of action. [3] In no filing did Payless even vaguely refer to the present claims, or distinguish the one defendant mentioned from its other creditors, yet Payless now alleges bankruptcy was “a direct result of the conspiratorial acts of defendants.” First Am. Complaint II98. Even a cursory examination of the claims shows that defendants should have figured in both aspects of the Chapter 11 proceedings, and that Payless could not have thought otherwise. The brazenness of its ambivalence is,. illustrated by its present assertion that the statute of limitations had not run because it had been tolled by the pendency of Chapter 11.

The basic principle of bankruptcy is to obtain a discharge from one’s creditors in return for all one’s assets, except those exempt, as a result of which creditors release their own claims and the bankrupt can start fresh. Assuming there is validity in Payless’s present suit, it has a better plan. Conceal your claims; get rid of your creditors on the cheap, and start over with a bundle of rights. This is a palpable fraud that the court will not tolerate, even passively. See, e.g., In re H.R.P. Auto Center, Inc., 180 B.R. 247, 253-54 (Bankr. N.D.Ohio 1991) (collecting cases). Payless, having obtained judicial relief on the representation that no claims existed, can not now resurrect them and obtain relief on the opposite basis. This may not be strictly equitable estoppel, as the court observed. Indeed, defendants may have a windfall. However, it is an unacceptable abuse of judicial proceedings.

It is a generally recognized proposition that one cannot play “fast and loose with the courts.” Patriot Cinemas, Inc. v. General Cinema Cory., 834 F.2d 208, 212 (1st Cir.1987). The language in Oneida Motor Freight, Inc. v. United Jersey Bank, 848 F.2d 414 (3d Cir.), cert. denied, 488 U.S. 967,109 S.Ct. 495, 102 L.Ed.2d 532 (1988) is singularly on point.

A long-standing tenet of bankruptcy law requires one seeking benefits under its terms to satisfy a companion duty to schedule, for the benefit of creditors, all his interests and property rights. In Re Hannan, 127 F.2d 894 (7th Cir.1942).

848 F.2d at 416.

Disclosure is important, in this case, not only to the bank as an adversary and as a creditor, but to the other creditors and to the bankruptcy court. Here, “the silence” in the Oneida bankruptcy record concerning this present claim, as they say in the vernacular, “is deafening.”

Id. at 417.

In order to preserve the requisite reliability of disclosure statements and to pro[*572] vide assurances to creditors regarding the finality of plans which they have voted to approve, we hold that under the facts here present Oneida’s failure to announce this claim against a creditor precludes it from litigating the cause of action at this time.

Id. at 418.

By noting, and then disregarding Oneida Motor Freight, and stating that Payless’s “disclosure statement does not constitute the adoption of a position by Payless in one judicial proceeding that is intentionally inconsistent with its claims in this case” the court failed to appreciate the long accepted nature of Payless’s obligations in the Chapter 11 proceeding. Nothing more need be said.

Affirmed.

1

. "... The signature of an attorney or party constitutes a certificate [of] belief ... it is well grounded in fact...."

2

. Strictly, Payless is the one business entity having claims. LAF was a manufacturer of products Payless proposed to sell, and Lima a mere stockholder. Neither had independent rights. Warth v. Seldin, 422 U.S. 490, 499, 95 S.Ct. 2197, 2205, 45 L.Ed.2d 343 (1975); Jones v. Niagara Frontier Transp. Auth., 836 F.2d 731, 736 (2d Cir.1987), cert, denied, 488 U.S. 825, 109 S.Ct. 74, 102 L.Ed.2d 50 (1988).

3

. 11 U.S.C. §§ 521(1), 1125(a).