WALLICK v. PERIOD HOMES, LTD.

No. A01A0859.

555 S.E.2d 863 (2001)

252 Ga. App. 197

WALLICK v. PERIOD HOMES, LTD.

Court of Appeals of Georgia.

October 30, 2001.


Attorney(s) appearing for the Case

Freed & Bermen, Robert H. McKnight, Atlanta, for appellant.

Gray & Gilliland, Charles A. Ratz, Self, Glaser & Davis, Mark B. Bullman, Atlanta, for appellee.


MILLER, Judge.

The question on appeal is whether a Chapter 11 bankruptcy debtor, whose petition has been discharged after all debts are paid, is judicially estopped from pursuing a claim against a party who allegedly breached a contract to buy the bankruptcy estate's primary asset, which claim was never added to the bankruptcy's asset schedule. We hold that the cause of action was a proceed or product of a scheduled asset of the bankruptcy estate and that no clear...

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