This case raises the novel application of judicial estoppel to inconsistent positions, both of which the plaintiff took successfully in an earlier action against different parties.
Pereira v. Dow Chem. Co. (In re Trace Int’l Holdings, Inc.)
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Inconsistent Legal Theory and Valuation Methods Cost Trustee Fraudulent Transfer
The issue in this bankruptcy adversary proceeding is whether certain payments the debtor made shortly before the filing of the petition were fraudulent transfers recoverable by the trustee for the benefit of all creditors.