Ronald Bias v. Tangipahoa Parish School Board
Securities JusticiabilityDoctri
Does the Fifth Circuit Court of Appeal's precedent that all Chapter 13 debtors have a continuing duty to disclose all post-confirmation claims offend the First and Fifth Amendments of the U.S. Constitution?
QUESTIONS PRESENTED : . ; ° Does the Fifth Circuit Court of Appeal’s precedent : that all Chapter 13 debtors have a continuing duty to disclose all post-confirmation claims offend the First -. : and Fifth Amendments of the U.S. Constitution be: ; oe : cause it contravenes clear and unambiguous law and regulations granting some Chapter 13 debtors stand. : ing to pursue all post-confirmation claims without the oT cm court’s permission? _ ae Co a eee ' If a debtor has’ standing ‘to pursue a post. confirmation claim without court permission, does this : : _ standing overcome judicial estoppel issues? — ; ; ; If a debtor is in compliance with bankruptcy code ; . ; and regulations, and if the confirmed plan to which ; he is bound does not require disclosure of post: ' confirmation claims, is it possible that he can be said So ‘to have taken an inconsistent position for his nondis: closure of a post-confirmation claim? OVSCRA ii . .