George Benetatos v. Hellenic Republic

MEMORANDUM

Benetatos appeals from the district court’s judgment on the pleadings, which deemed his claims against the Hellenic Republic barred by the doctrine of judicial estoppel. We review the district court’s application of judicial estoppel to the facts of this case for abuse of discretion, Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778, 782 (9th Cir.2001), and we affirm.

Benetatos, an attorney, filed a Chapter 13 bankruptcy petition on April 22, 2004. He filed the required schedules of assets and debts on May 27, 2004, but disclosed no claim against the Hellenic Republic. Benetatos filed a First Amended Chapter 13 Plan and schedules on July 12, 2004. Again, no claim against the Republic was disclosed. “In the bankruptcy context, a party is judicially estopped from asserting a cause of action not raised in a reorganization plan or otherwise mentioned in the debtor’s schedules or disclosure statements.” Id. at 783 ; see also Hay v. First Interstate Bank of Kalispell, N.A., 978 F.2d 555, 557 (9th Cir.1992). Benetatos raises two contentions.

Benetatos first argues that the district court failed to weigh “countervailing equitable considerations.” When reviewing for abuse…