No. 25-6795

Norman Lee Scott, Sr. v. Whitney R. Bailey, et al.

Lower Court: Third Circuit
Docketed: 2026-02-12
Status: Pending
Type: IFP
IFP
Tags: bankruptcy-procedure civil-procedure court-discretion due-process fresh-start-policy judicial-estoppel
Key Terms:
DueProcess
Latest Conference: N/A
Question Presented (AI Summary)

Whether a federal court may apply judicial estoppel to dismiss a civil action when the debtor reopened the bankruptcy case, amended the schedules with court approval, the trustee was appointed, and the bankruptcy was fully administered and closed before the civil dismissal

Question Presented (from Petition)

1. Whether a federal court may apply judicial estoppel to dismiss a civil action when the debtor reopened the bankruptcy case, amended the schedules with court approval, the trustee was appointed, and the bankruptcy was fully administered and closed before the civil dismissal. 2. Whether the Due Process Clause permits a district court to Sua Sponte reverse its prior ruling rejecting judicial estoppel, without notice or an opportunity to be heard, based solely on a decision from a different case involving different claims. 3. Whether judicial estoppel may be imposed without findings of intentional concealment, bad faith, or prejudice, contrary to New Hampshire v. Maine, 532 U.S. 742 (2001), and this Court ’s jurisprudence. 4. Whether punishing a debtor for correcting a bankruptcy disclosure undermines the Bankruptcy Code ’s “fresh start” policy.

Docket Entries

2026-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)

Attorneys

Norman Lee Scott
Norman Lee Scott Sr. — Petitioner
Norman Lee Scott Sr. — Petitioner