Keathley v. Buddy Ayers Construction, Inc. · ¶15

In March 2023, Buddy Ayers Construction moved for summary judgment on grounds of judicial estoppel based on Keathley’s failure to disclose his personal-injury claims in the open bankruptcy proceeding. Keathley immediately filed an amended schedule notifying the Bankruptcy Court of his personal-injury claims. Then, in response to the pending motion for summary judgment in the personal- injury suit, Keathley explained that the omission had been inadvertent. In support, he submitted an affidavit attesting that, after he told his bankruptcy counsel about his personal-injury claims, he “believed [he] had done everything [he] needed to do.” App. 184. He also filed an affidavit from his bankruptcy counsel noting that Keathley “received no benefit monetarily, or otherwise, from the nondisclosure.” Id., at 182. Based on this evidence, he argued that judicial estoppel was inappropriate.

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