No. 19-8517

Edward F. Novotny, III v. Plexus Corporation, et al.

Lower Court: Seventh Circuit
Docketed: 2020-05-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bankruptcy civil-procedure claim-litigation debtor-disclosure disclosure estoppel intent intent-standard judicial-estoppel judicial-presumption third-party
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

question presented 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 bankruptcy petition should be estopped 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 his subjective intent.

Docket Entries

2021-08-02
Rehearing DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2021-07-08
DISTRIBUTED.
2020-10-30
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-07-02
DISTRIBUTED for Conference of 9/29/2020.
2020-06-17
Waiver of right of respondent Plexus Inc., et al. to respond filed.
2020-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2020)
2019-12-12
Application (19A663) granted by Justice Kavanaugh extending the time to file until February 15, 2020.
2019-12-04
Application (19A663) to extend the time to file a petition for a writ of certiorari from December 17, 2019 to February 15, 2020, submitted to Justice Kavanaugh.

Attorneys

Edward F. Novotny
Edward F. Novotny III — Petitioner
Edward F. Novotny III — Petitioner
Plexus Inc., et al.
William F. DuganBaker & McKenzie LLP, Respondent
William F. DuganBaker & McKenzie LLP, Respondent