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