WVSV Holdings, LLC v. 10K, LLC, et al.
JusticiabilityDoctri
Whether a debtor's state law tort claim that only accrues following the bankruptcy petition date is property of the bankruptcy estate
QUESTIONS PRESENTED Whether a debtor’s state law tort claim that only accrues following the bankruptcy petition date —indeed after confirmation of the bankruptcy plan —and which did not exist prepetition is property of the bankruptcy estate pursuant to § 541(a)(1) of the Bankruptcy Code (11 U.S.C.)? Whether the bankruptcy court may exercise postconfirmation jurisdiction over state court claims when the debtor’s Chapter 11 plan expressly excluded such claims from the bankruptcy court’s jurisdiction? Whether the bankruptcy court abuses its discretion by dismissing a complaint under the doctrine of judicial estoppel when it fails to consider any of the factors set forth by the Court in New Hampshire v. Maine, 532 U.S. 742, 750 (2001) and when it applies the wrong standard of judicial review?