![]() ![]() (2) a court accepted the prior position and (1) the position of the party against whom judicial estoppel is sought is plainly inconsistent with its prior legal position The Fifth Circuit, the federal judicial circuit which Texas is in, has three requirements for judicial estoppel: Kidd subsequently received a no asset discharge and her bankruptcy case was terminated in June 2015.įollowing the filing of the ERISA disability insurance lawsuit in August of 2016, Prudential’s attorneys filed a Motion to Dismiss Kidd’s Complaint asserting the legal doctrine of Judicial Estoppel, which is “a common law doctrine by which a party who has assumed one position in the pleadings may be estopped from assuming an inconsistent position.” Courts have further elaborated on this doctrine noting its purpose is “to protect the integrity of the judicial process” by “preventing parties from playing fast and loose with the courts to suit the exigencies of self-interest.” However, in February 2015, Kidd filed a bankruptcy petition and at no time did she disclose her disability insurance claim with Prudential in the bankruptcy proceeding. A lawsuit was then filed against Prudential in August of 2016. On March 11, 2016, following the filing of her appeals, Prudential advised Kidd it was upholding the denial of her claim for benefits and notified her that she had exhausted all administrative remedies under ERISA. From a procedural standpoint Kidd filed her administrative appeals as required under ERISA and her long term disability policy. Prudential Insurance Company of America, Kidd filed a lawsuit under ERISA against Prudential for failure to pay her disability insurance benefits following a Februdenial of her claim. In a recent case out of a Texas a Federal District Court was presented with such a situation. Failure to disclose a disability insurance claim during a bankruptcy proceeding can in turn prevent a claimant from pursuing legal action against an insurance company for failure to pay a claim for disability benefits. This requirement does not mean that the debtor know all the facts of the action or even the legal basis of a cause of action it only requires that if someone has a possible cause of action then that cause of action is determined to be “known” by the debtor and subject to disclosure. Under the Code the duty to disclose during a bankruptcy proceeding is a continuing duty requiring the debtor to disclose all potential causes of action. The Bankruptcy Code and Rules impose an express and affirmative duty on individuals filing for bankruptcy to disclose all assets – to include contingent and unliquidated claims. If you file for bankruptcy it is imperative that you disclose your disability insurance claim regardless of the stage that your claim is in – application, denial, appeal, pending litigation, etc. (Creditor.Do I need to disclose my disability insurance claim if I filed for bankruptcy? (- forms - Notices (matrix Filing instructions),Must be in Text format only. The image of the full social security number will not be viewable to the public.įor complete instructions refer to our website The statement is a restricted image when placed on the Court docket. (B121) Your Statement About Your Social Security Numbers must be submitted to the Court along with the filing of the voluntary petition. Your Statement About Your Social Security Numbers Language Interpreters & Services to the Hearing-Impaired.Have you completed the Debtor Education course?.Pro Se Debtors do not have the ability to file electronically.The Clerk's Office hours are Monday-Friday, 8:30am-4:00pm, excluding federal holidays.To file a case, you must also show valid photo ID at the intake counter per Amended Admin Order, 2015-4.Electronic devices, including cellular phones, laptop computers, and electronic tablets are prohibited in most federal courthouses.Visitors must have a valid ID and must pass through a security screening before being granted entry to the courthouse.Checklist for Individual New Case - Minimum Requirements.Have you completed the required Credit Counseling Course?.
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