Seymour v. Collins

Plaintiffs filed personal injury suit in 2011 for injuries sustained in 2010 motor vehicle collision when ambulance in which Plaintiff was being transported collided with another vehicle. Plaintiffs had filed for Chapter 13 bankruptcy in 2008. Plaintiffs never apprised bankruptcy court of various changes in their circumstances subsequent to 2010 bankruptcy plan modification, including that Plaintiff believed he had viable claims from vehicle accident, and that he had filed suit in state court for those claims.The fact that Plaintiffs had a legal duty to disclose personal injury suit, and failed to do so, does not, given facts of this case, establish intent to deceive and/or manipulate bankruptcy court. FiIing of Plaintiffs' motion to modify bankruptcy plan does not evince their awareness of need to disclose personal injury cause of action. Thus, court erred in dismissing Plaintiffs' personal injury action pursuant to application of doctrine of judicial estoppel. Statement under oath is not required for doctrine of judicial estoppel to apply; but judicial estoppel must be proved by clear and convincing evidence. (GARMAN, FREEMAN, THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)