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KLEIN v. HANDLEY

Civil Action No. N10C-03-297 JOH.

47 A.3d 524 (2012)

Kenneth J. KLEIN, Plaintiff, v. Michael K. HANDLEY, Terry A. Berger, and Robert J. Nairn, Defendants.

Superior Court of Delaware, New Castle County.

Decided: January 20, 2012.

Attorney(s) appearing for the Case

James S. Green, Sr., Esquire , and Jared T. Green, Esquire , of Seitz Van Ogtrop & Green, P.A., Wilmington, Delaware, Attorneys for Plaintiff Kenneth J. Klein.

Richard H. Cross, Jr., Esquire , and Tara M. DiRocco, Esquire , of Cross & Simon, LLC, Wilmington, Delaware, Attorneys for Defendant Michael K. Handley.

K. William Scott, Esquire , of Scott and Shuman, LLC, West Fenwick, Delaware, Attorney for Defendants Terry A. Berger and Robert J. Nairn.

MEMORANDUM OPINION

HERLIHY, Judge

Defendants Michael Handley, Terry Berger and Robert Narnin ("defendants") move for summary judgment. They claim plaintiff Kenneth Klein's action is barred. He seeks contribution for payments made to satisfy debts the defendants guaranteed. Defendants first contend that Klein should be judicially estopped from asserting these claims because of representations he made in his individual bankruptcy filing. Second, they...

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