Ga Court of Appeals – Debtor Who Failed to List Property in Prior Bankruptcy Judicially Estopped From Recovering Insurance Proceeds

Judicial Estoppel
Battle v. Liberty Mutual Fire Ins. Co., 276 Ga. App. 434 (November 3, 2005)
The plaintiff filed suit against the insurance company seeking payment for property damage sustained in 2002. The insurance company moved for summary judgment based upon the plaintiff’s failure to list the property as an asset in his 1995 bankruptcy case. The trial court granted the motion, finding that the plaintiff was judicially estopped from seeking reimbursement for damage to property not listed in his schedules. The Georgia Court of Appeals affirmed.