Red Lobster Restaurants, LLC v. Abigail Fricke

Summary

The Indiana Supreme Court affirmed the denial of summary judgment to Red Lobster, holding that Fricke’s omission of her personal-injury lawsuit from her Chapter 13 asset schedule did not eliminate her standing to pursue the claim. The omission could have implicated the real-party-in-interest requirement, but Fricke later disclosed the lawsuit, and the bankruptcy was dismissed, revesting the claim in her. The Court also held that judicial estoppel did not apply because the bankruptcy court permitted Fricke to cure the omission and neither the bankruptcy court nor creditors acted in reliance on her initial disclosure.