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State court of last resort · ST-VA-SC
Eilber v. Floor Care Specialists (Corrected)
No. 161311Supreme Court of Virginia
161311 Eilber v. Floor Care Specialists (Corrected) 12/07/2017 In a defamation action for which the claim arose after confirmation of the plaintiff's Chapter 13 bankruptcy plan, but prior to the bankruptcy dis…
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161311 Eilber v. Floor Care Specialists (Corrected) 12/07/2017 In a defamation action for which the claim arose after confirmatio…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Dec 7, 2017
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161311 Eilber v. Floor Care Specialists (Corrected) 12/07/2017 In a defamation action for which the claim arose after confirmation of the plaintiff's Chapter 13 bankruptcy plan, but prior to the bankruptcy discharge, and plaintiff did not disclose his defamation action until after the discharge, the circuit court did not err in applying the doctrine of judicial estoppel which prohibited plaintiff from prosecuting his defamation claim after taking the position in the bankruptcy court that it did not exist. Judicial estoppel is not an affirmative defense that is waived if not pled, thus it was not waived by the failure of the defamation defendants to raise it in their pleadings, and the circu…
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