Petitioners' Brief on the Merits - Supreme Court of Texas

55). The Fergusons filed a motion for new trial on September 6, 2006. (R. at 460-
78). The trial court denied the motion for new trial on October 27, 2006. (R. at
9). On November 15, 2006, the trial court signed an order severing the Fergusons’
claims against the Respondents. (R. at 569). The Fergusons filed a notice of
appeal on December 8, 2006 and an Amended Notice of Appeal on March 21,
2007. (R. at 573). Due to the appellate docket equalization process, the case was
transferred to the El Paso Court of Appeals for consideration. On June 12, 2008,
the El Paso Court of Appeals affirmed the summary judgment granted by the trial
court. Justice McClure wrote the majority opinion in which Justice Carr joined.
Chief Justice Chew filed a dissenting opinion.
SUMMARY OF THE ARGUMENT
In the context of a judicial estoppel analysis, determinations regarding an
actor’s intent, inadvertence, and motivation necessarily entail an analysis of the
actor’s state of mind. Consequently, in determining whether a party’s omission of
a pending lawsuit on a schedule of assets filed in a bankruptcy proceeding was
intentional, inadvertent, or with motivation to conceal assets, a court should
review facts concerning the debtor’s state of mind.
In the present case, the Fergusons disclosed the existence of this case to
their bankruptcy attorney, the bankruptcy trustee, and the bankruptcy court. They
raised these claims in meetings with their bankruptcy attorney and the trustee and
in creditors meetings. Moreover, these claims were accurately represented in the
initial Statement of Financial Affairs filed with the bankruptcy court. Once the
PETITIONERS’ BRIEF ON THE MERITS 6