JOWERS v. ARTHUR

No. A00A0825.

537 S.E.2d 200 (2000)

245 Ga. App. 68

JOWERS v. ARTHUR.

Court of Appeals of Georgia.

July 12, 2000.


Attorney(s) appearing for the Case

William R. McCracken, Augusta, for appellant.

Dye, Tucker, Everitt, Wheale & Long, Augusta, Jon E. Ingram, Jr., Sandersville, for appellee.


MILLER, Judge.

The issue is whether judicial estoppel bars a state law personal injury claim not listed as an asset in a Chapter 13 bankruptcy proceeding (begun after the accident but before the institution of the personal injury suit), when the plaintiff/debtor dismisses the incomplete bankruptcy petition (whose reduced payout plan has already been confirmed) and then refiles a corrected bankruptcy petition that includes the claim. We hold that judicial estoppel...

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