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Unanimous Supreme Court Adopts Totality-of-the-Circumstances Test for Bankruptcy Judicial Estoppel
NCBRC, NCLC, and NACBA Urged a Narrow, Equitable, Fact-Specific Inquiry In a unanimous decision authored by Justice Jackson, the United States Supreme Court held that courts deciding whether a debtor’s failure to disclose a claim in bankruptcy was “inadvertent or mistaken”—for purposes of judicial estoppel—must look to the totality of the circumstances surrounding the omission. […]
Tags: amicus, bankruptcy, disclosure duties, judicial estoppel
June 11, 2026
Michigan Supreme Court Asked to Let Stand Court of Appeals Ruling Compelling Presentment to the Governor of Previously Passed Bankruptcy Exemption Modernization Bill
NACBA and NCBRC File Amicus Brief Urging Court to Deny Leave to Appeal In the latest development in the ongoing constitutional dispute over the Michigan Legislature’s failure to present nine duly enacted bills to the Governor—including the critical consumer-protection measure HB 4901—the National Association of Consumer Bankruptcy Attorneys (NACBA) and the National Consumer Bankruptcy Rights […]
Tags: bankruptcy, Exemptions, mandamus
May 26, 2026
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