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HARPER v. GMAC MORTG. CORP.

No. A00A1527.

538 S.E.2d 816 (2000)

245 Ga. App. 729

HARPER et al. v. GMAC MORTGAGE CORPORATION.

Court of Appeals of Georgia.

August 30, 2000.

Attorney(s) appearing for the Case

Michael C. Famiglietti, David E. Tuszynski, Marietta, for appellants.

Morris, Schneider & Prior, Atlanta, Brian S. Tatum, Cumming, for appellee.

MILLER, Judge.

In this case the debtors in their Chapter 13 bankruptcy petition statement of financial affairs listed a state court lawsuit in which they were seeking injunctive and declaratory relief. The question we are presented with is, does judicial estoppel bar that portion of the state court action setting forth tort claims for damages, where the damage claims are not listed as assets on the bankruptcy asset schedule...

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