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EILBER v. FLOOR CARE SPECIALISTS, INC.

Record No. 161311.

807 S.E.2d 219 (2017)

Russell Emory EILBER v. FLOOR CARE SPECIALISTS, INC., et al.

Supreme Court of Virginia.

December 7, 2017.

Attorney(s) appearing for the Case

Wilson C. Pasley , Roanoke, for appellant.

Johneal M. White , Roanoke, ( C. Kailani Memmer ; Glenn Robinson & Cathey, on brief), for appellees.

PRESENT: All the Justices

In this appeal, we consider whether judicial estoppel is an affirmative defense that is waived if not pled.

In December 2012, Russell E. Eilber filed a Chapter 13 bankruptcy petition in the United States Bankruptcy Court for the Western District of Virginia. Included with his petition was a proposed Chapter...

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