Whether a debtor who has inadvertently failed to disclose the existence of a potential claim in a bankruptcy petition should be estopped from litigating that claim due to a presumption of deceit, and whether a claim abandoned by a chapter 7 trustee reverts back to the debtor

Question Presented Courts of appeals are divided on the question pre: sented in this case and left open in New Hampshire V. Maine; whether a debtor who has inadvertently failed . To disclose the existence of a potential claim in a banktuptcy petition should be stopped from litigating that claim because he is attributed a presumption of deceit where he had knowledge of the facts that gave rise to . the undisclosed claim without regard to her subjective intent. In Addition, when a chapter 7 trustee abandons a claim, does this claim go back to the debtor. QUESTION 2 And Using the Doctrine of Judicial Estoppel on Pro-Se Parties is deemed Unconstitutional based on the Judicial act of 1789.