It is well settled that a debtor is required to list all of his assets on his bankruptcy schedules, and if he fails to list a claim against a third party, he will be barred by the doctrine of judicial estoppel from later asserting that claim. In the case of In the Matter of Oparaji, the Fifth Circuit addressed whether a creditor is barred by the doctrine of judicial estoppel from asserting a claim which could have been, but was not, asserted in a prior case filed by the debtor.
In its decision in Wells Fargo Bank, N.A. v. Oparaji (In the Matter of Oparaji), 698 F.3d 231 (5th Circ. 2012), the Fifth Circuit held that judicial estoppel does not preclude a creditor from asserting claims in a subsequent bankruptcy by its debtor which could have been, but were not, asserted in a prior bankruptcy case.