[CLBS] Judicial estoppel

[Randal French]

If wife claimed no interest in the property in her bk petition by saying nothing about as  opposed to identifying the property and stating that she had no interest, for instance "interest, if any, in real estate deeded by ex-husbands 's parents, too which wife makes no claim," then one would have the argument that the potential interest had been scheduled, and abandoned when the estate was closed. then one could deal directly with the ex- wife, to resolve the matter.

 If the wife claimed no interest by not saying anything about the deed in her name, or the property deleted from the parents- law, then the property interest was never scheduled and could not be abandoned by the trustee when the estate was closed. then the property is owned by the estate and the only way to clear title is by dealing with the trustee to reopen the case, perhaps purchase the ex-wife's interest from the estate for some negotiated amount, and hopefully avoid the quiet title action.  The ex- wife then just has to worry about the ramifications of failing to identify an asset in her bankruptcy schedules.


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-------- Original message --------
From: Robert Brower
Date:12/31/2014 5:37 PM (GMT-07:00)
To: CLBS at admws.idaho.gov
Subject: [CLBS] Judicial estoppel

Listmates,



I would appreciate some input on how a client might best proceed based on
the facts set forth on the attachment. It is my understanding that even
though the former wife filed her bankruptcy and was granted a discharge more
than 3 years ago her share of the undivided 1/3 interest may still be owned
by  the Trustee.



Thanks and have a Happy New Year.





Robert L. Brower

Jones, Brower & Callery, PLLC

P. O. Box 854

1304 Idaho Street

Lewiston, ID 83501

(208) 743-3591

Fax:  (208) 746-9553





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