Don’t You Forget About Me: Failure to Disclose Third-Party BI Claim to Bankruptcy Court Results in Barring of Civil Action

In Hernandez v Hires, et al., unpublished opinion per curiam of the Court of Appeals, issued November 19, 2019 (Docket No. 345229), the appellate court upheld the trial court’s decision granting summary disposition to Defendants pursuant to MCR 2.116(C)(7). The Court’s decision was based on a prior statement made by Plaintiff in an earlier bankruptcy proceeding in which he denied having any claims against third parties during the proceeding. The Court affirmed the trial court’s determination that the doctrine of judicial estoppel barred Plaintiff’s present civil action arising from a motor vehicle accident that occurred prior to his bankruptcy filing. 

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