Overruling its prior precedent, the U.S. Court of Appeals for the Eleventh Circuit ruled a civil plaintiff who failed to disclose a civil lawsuit when filing for bankruptcy is not automatically barred from pursuing the claim.
While such a plaintiff may be attempting to “manipulate the judicial process,” the opinion said, a trial court should weigh the party’s “level of sophistication,” explanation for the omission and efforts to correct it before barring the civil litigation.
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