Duniver v. Clark Material Handling Co.

Summary

The Illinois Supreme Court affirmed the appellate court’s reversal of the circuit court’s summary‑judgment ruling, holding that the plaintiff‑debtor retained standing to sue after his Chapter 13 case was dismissed and that judicial estoppel did not apply because there was no intent to deceive and no benefit was received. The Court applied de novo review to the summary‑judgment determination and affirmed the lower court’s error.