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IN RE GRELIER

Bankruptcy No. 07-81745-JAC-11. Adversary No. 08-80165-JAC-11.

400 B.R. 826 (2009)

In the Matter of Rebecca Christine Rushing GRELIER, SSN: XXX-XX-1063, SSN: XXX-XX-, Debtor(s). Rebecca Grelier, Plaintiff(s), v. William P. Burgess, William P. Burgess, Jr., P.C. and A, B, and C, Being those persons or entities that did the acts and omissions complained on in the Complaint, but whose true names and identities will be substituted when they are learned or otherwise ascertained through discovery or otherwise, Defendant(s).

United States Bankruptcy Court, N.D. Alabama, Northern Division.

January 27, 2009.

Attorney(s) appearing for the Case

Michael E. Lee, Huntsville, AL, for Plaintiff.

Jay R. Bender, Bradley, Arant Rose & White LLP, Birmingham, AL, for Defendants.

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

This case is before the Court on defendants' motion to dismiss the above styled adversary proceeding on the grounds that the debtor is barred by the doctrine of judicial estoppel from pursuing her claims against the defendants because she failed to disclose same in her schedules as an asset of the debtor's bankruptcy estate. Debtor argues that she is not judicially estopped from pursuing the adversary proceeding...

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