[CLBS] Judicial estoppel

[Janine]

Concur with Randy's analysis.

Sent from my iPhone

> On Dec 31, 2014, at 8:50 PM, Randal French <RFrench at bauerandfrench.com> wrote:
> 
> 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.
> 
> 
> Sent from my Verizon Wireless 4G LTE Smartphone
> 
> 
> -------- 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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