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STEPHENSON v. MALLOY

No. 11-1671.

700 F.3d 265 (2012)

Michael STEPHENSON, as Bankruptcy Trustee of Senan Al-Mansoob, Plaintiff-Appellant, v. Matthew MALLOY; Wilburn Archer Trucking, Defendants-Appellees, Zischler Transport; Zeitranz Trucking; Jeurgen Zischler, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 30, 2012.

Attorney(s) appearing for the Case

ARGUED: Phillip S. Serafini , Serafini, Michalowski, Derkacz & Associates, P.C., Sterling Heights, Michigan, for Appellant. Aaron D. Wiseley , Holmes & Wiseley, P.C., Grand Rapids, Michigan, for Appellees. ON BRIEF: Phillip S. Serafini , Serafini, Michalowski, Derkacz & Associates, P.C., Sterling Heights, Michigan, for Appellant. Aaron D. Wiseley , Holmes & Wiseley, P.C., Grand Rapids, Michigan, for Appellees.

Before: SILER and WHITE, Circuit Judges; REEVES, District Judge.

OPINION

DANNY C. REEVES, District Judge.

Senan Al-Mansoob filed this lawsuit in July 2009. When he instituted Chapter 7 bankruptcy proceedings two months later, he did not list his claims against Defendants Matthew Malloy and Wilburn Archer Trucking, Inc., among his assets. Upon learning of the omission, Defendants sought summary judgment, arguing that Al-Mansoob was judicially estopped from pursuing the claims...

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