BALDWIN v. SILVER

No. 26793-8-III.

196 P.3d 170 (2008)

Dennis R. and Deborah BALDWIN, husband and wife, d/b/a B & D Construction, Plaintiffs, v. Thomas J. SILVER and Robin G. Silver, husband and wife, Appellants, Farmers Insurance of Washington, a corporation, Respondent.

Court of Appeals of Washington, Division 3.

November 18, 2008.


Attorney(s) appearing for the Case

George Roy Guinn, Attorney at Law, Spokane, WA, for Appellants.

Thomas Lether, Morgan Emmerton Smith, Cole Lether Wathen & Leid PC, Seattle, WA, for Respondent.


SWEENEY, J.

¶ 1 The equitable doctrine of judicial estoppel precludes, among other things, a party from later asserting a claim that it failed to list in bankruptcy schedules. Here, the appellants listed a claim in the statement of affairs section of their bankruptcy schedules but not in the statement of assets section of those same schedules. They now assert that claim in this litigation. We conclude, as a matter of law, that listing the claim in the statement...

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