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FOSTER v. FOSTER

No. 22784.

673 N.W.2d 667 (2003)

2003 SD 151

Rodney FOSTER, Plaintiff and Appellant, v. Thomas FOSTER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 23, 2003.

Attorney(s) appearing for the Case

Ellie M. Vandenberg, Volga, South Dakota, Attorney for plaintiff and appellant.

Robert M. Ronayne of Ronayne and Wein, Aberdeen, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] We are confronted with the question whether a debtor who failed to disclose his legal claim in bankruptcy may be estopped from later asserting that claim in circuit court. The debtor believed his brother breached an agreement to sell him certain real property. When the debtor filed for bankruptcy, he did not report this agreement in his bankruptcy filings. After the filing but before final discharge, the debtor obtained a handwritten...

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