The plaintiff in a personal injury case was found to be judicially estopped from asserting the claim because it was not properly disclosed in her personal bankruptcy, even though it arose post-petition. Flugence v. Axis Surplus Ins. Co., No. 13-30073 (Oct. 4, 2013). The trustee, however, could pursue the claim and its counsel could recover professional fees. Accordingly, the Court declined to declare that the trustee’s recovery was capped at the amount owing to creditors. (applying Reed v. City of Arlington, 650 F.3d 571 (5th Cir. 2011) (en banc)).
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