The Supreme Court issued opinions this week addressing questions involving bankruptcy law, securities regulation and criminal venue.
In Keathley v. Buddy Ayers Construction, the court on Thursday unanimously held that courts evaluating whether a debtor's failure to disclose a legal claim during bankruptcy proceedings was "inadvertent or mistaken" for purposes of judicial estoppel must consider the totality of the circumstances.
Writing for the court, Justice Ketanji Brown Jackson rejected a rigid approach that focuses solely on whether the debtor knew of the claim and had a motive to conceal it. Justice Clarence Thomas, joined by Justice Neil Gorsuch, filed a concurring opinion, as did Justice Sonia Sotomayor.
