Southmark Corp. v. Trotter, Smith & Jacobs

In Southmark Corp. v. Trotter, Smith & Jacobs, 212 Ga. App. 454 (442 S.E.2d 265) (1994), the Court held that failure to disclose such a claim in a Chapter 11 proceeding authorizes entry of summary judgment against the debtor-plaintiff. Id. at 455-456. And in Wolfork v. Tackett, 241 Ga. App. 633 (526 S.E.2d 436) (1999), the Court noted that this duty extends to Chapter 13 bankruptcies as well. Unlike a Chapter 7 bankruptcy, in a Chapter 13 bankruptcy, the bankruptcy estate includes all property acquired by a debtor even during the bankruptcy proceeding. The Court therefore held in Wolfork that even failure to amend such a petition to include a tort claim acquired by the debtor after the original petition was filed warrants the application of judicial estoppel. Id. at 633-634.