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Jowers v. Arthur

Judicial estoppel did not bar the plaintiff's personal injury claim against the defendant, because the plaintiff dismissed her original bankruptcy petition and refiled a corrected petition to include her claim.

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The issue is whether judicial estoppel bars a state law personal injury claim not listed as an asset in a Chapter 13 bankruptcy proceeding begun after the accident but before the institution of the personal injury suit, when the plaintiff/debtor dismisses the incomplete bankruptcy petition whose reduced payout plan has already been confirmed and then refiles a corrected bankruptcy petition that includes the claim. We hold that judicial estoppel does not bar the claim.

Sherry Jowers1 sued Gertrude Arthur in superior court for personal injuries arising out of an auto collision. Citing judicial estoppel, Arthur moved for summary judgment against Jowers on the ground that Jowers had failed to list this claim as an asset in a Chapter 13 bankruptcy petition that Jowers had filed months after the accident and after she had consulted an attorney about the accident. With approval of the federal bankruptcy court, Jowers immediately dismissed her bankruptcy petition without prejudice even though her plan had already been confirmed with a less-than-100-percent payout, and then filed a new Chapter 13 bankruptcy petition listing the claim as an asset. Nevertheless, the superior court granted summary judgment to Arthur, which Jowers appeals.

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