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Cloud v. Northrop Grumman Corp.11/12/1998
ppears doubtful that the types of findings discussed as necessary in Ryan could ever be made. Once an appropriate application is made to the bankruptcy court, the bankruptcy court can take appropriate action to promote bankruptcy goals and protect the bankruptcy court's process. These considerations confirm the wisdom of the statements in cases such as Ryan and International Engine that the doctrine of judicial estoppel ought to be applied only quite sparingly. In order to determine whether to apply the doctrine in a given case, the facts must be carefully evaluated. That cannot be done on a pleading motion, and hence the judgment here must be reversed.
IV. DISPOSITION.
The judgment is reversed. The matter is remanded with instructions to enter an order granting the motion for judgment on the pleadings with leave to amend insofar as the basis for the motion was lack of standing, and to enter an order denying the motion insofar as the basis for the motion was judicial estoppel. The order shall provide a reasonable time in which plaintiff may either secure the bankruptcy trustee's participation in, or abandonment of, plaintiff's claim. Further proceedings to be consistent with this opinion. Plaintiff to recover costs.
CERTIFIED FOR PUBLICATION
ZEBROWSKI, J.
We concur: BOREN, P.J. & NOTT, J.
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