Keathley v. Buddy Ayers Construction, Inc.

Court's summary

To determine whether an omission of a claim in the bankruptcy context was inadvertent or mistaken for purposes of the judicial estoppel doctrine, courts should look to the totality of the circumstances surrounding the omission; the Fifth Circuit erred in narrowing its inquiry in this case to whether the debtor had knowledge of the underlying facts or a potential motive to conceal the claim.

From the syllabus prepared by the Reporter of Decisions. Not part of the Court's opinion.