Estoppel Claim In Appeal

Summary

New arguments like estoppel generally cant be raised on appeal if not presented in lower court. File a motion to amend pleadings in bankruptcy court to include estoppel. If denied, appeal is possible but challenging. Amend existing notice to vacate to include estoppel claim. If denied, estoppel claim may be lost. Consider legal advice for complex issues.

Full Conversation

so how does he get his new estoppel claim into bankrupct court which is still open. What type of motion does he file to get the estopple on the record?
To get the estoppel claim on record in the bankruptcy court, he should file a motion to amend his pleadings. Here’s a brief outline:
- Motion to Amend: File a motion to amend the complaint or pleadings.
- Justification: Explain why the estoppel claim was not included initially and why it is relevant now.
- Timing: Ensure the motion is filed promptly as bankruptcy courts have strict deadlines.
Would you like more detailed guidance or help connecting with a local lawyer?
can they deny the motion to amend and if so is it appealable if sone?
Yes, the court can deny a motion to amend. If denied, it can be appealed, but appeals courts generally defer to the lower court’s discretion. Here are some points:
- Denial: The court may deny if it finds undue delay, bad faith, or prejudice to the opposing party.
- Appeal: An appeal is possible but challenging, requiring showing that the lower court abused its discretion.
Would you like more specific information or help connecting with a local lawyer?
if alton has already filed a notice to vacate based on fraud on the court and this estoppel claim further supports it should he file a second noptice to vacate based on this new estaoppel claim?
Case Rating: *
In general, Alton should not file a second notice to vacate based on the new estoppel claim. Instead, he should amend his existing notice to include the new estoppel claim as additional support. This approach ensures that all relevant arguments are consolidated in a single motion.
Would you like more specific guidance or help connecting with a local lawyer?
it seems to me that if they deny his motion to amend he laost his estoppel claim. Am I wrong?
Case Rating: *
You are correct that if the court denies Alton's motion to amend, he might not be able to raise the estoppel claim later. The best approach is to present a strong justification for why the estoppel claim should be included now.
Would you like more specific information or help connecting with a local lawyer?
could Alton sue with an estoppel claim?
Case Rating: *
Alton can potentially assert an estoppel claim, but the process involves legal nuances. Since estoppel was not raised in the lower court, it may be challenging to introduce it on appeal. Seeking legal assistance is advisable to navigate these complexities.
Would you like to be connected to local lawyers who can better assist you with your case?
his appeal is on the deniel of his motion to vacte so he doesnt really have to bring an estopple claim to light rather just the merits of it to support his rule * b. Right? Is this a good strategy?
Case Rating: *
To support his Rule *(b) motion, Alton can certainly bring the merits of the estoppel claim to light, even though he didn't clearly state it in the lower court. However, the success of this strategy depends heavily on how well he can justify its relevance and the reasons for not presenting it earlier.
Would you like more specific guidance or help connecting with a local lawyer?