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The debtor's failure to satisfy its disclosure duty is inadvertent only when the debtor either lacks knowledge of the undisclosed claims or has no motive for their concealment. Carlisle conclusively established that Dallas Sales Co. had knowledge of the undisclosed claims, that it did not list them in its original bankruptcy schedules and that it did not amend its schedules to include the claims.
June 14, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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