To the these money, the latest Underwoods as well as bought a few regulations out of borrowing coverage out-of First Franklin and you can Voyager

To the these money, the latest Underwoods as well as bought a few regulations out of borrowing coverage out-of First Franklin and you can Voyager

Decided: August 01, 1997

Debra Underwood is attractive out of a synopsis judgment inserted in favor of Earliest Franklin Financial Organization (“Basic Franklin”), Voyager Term life insurance Organization (“Voyager”), and you can Joe Seals, an employee regarding Basic Franklin. This situation is actually transferred to so it judge of the ultimate judge, pursuant so you can § 12-2-7(6), Ala.Password 1975.

Within the December 1992 and in April 1993, Debra Underwood along with her husband, Jesse Underwood, borrowed money from First Franklin. In the event of a dying, the credit term life insurance would spend in full the debt due to help you Earliest Franklin.

Inside the November 1993, the fresh new Underwoods registered a voluntary petition to own Chapter 13 personal bankruptcy shelter, number inside their petition particular bills, like the several financing having Earliest Franklin. Jesse Underwood died for the December 1994, given that Underwoods remained inside bankruptcy proceeding. The personal bankruptcy bundle is actually verified with the January eight, 1994.


Towards the January 13, 1995, Ms. Underwood registered a claim with Earliest Franklin towards the credit existence insurance arises from the two Voyager guidelines. Toward January 26, 1995, Voyager awarded several monitors to First Franklin, purchasing pros on the number of $step 1,808, to be used to your Ms. Underwood’s finance with Earliest Monetary. Ms. Underwood learned that both formula had paid back a sum far below extent that would has actually fulfilled her financing balance that have First Franklin. She telephoned Seals, a friend who had been together with a worker away from First Franklin, to ascertain as to why the financing life insurance continues don’t spend entirely the lady mortgage obligations which have First Franklin. Seals told Ms. Underwood you to definitely she had received most of the continues she try eligible to located while the she along with her spouse had submitted to own bankruptcy in the November 1993. Seals subsequent threatened to repossess their vehicle, due to the fact borrowing from the bank coverage hadn’t totally reduced the fresh financing.

To the March twenty two, 1995, Ms. Underwood submitted a software getting a trouble bankruptcy discharge, predicated on the lady husband’s death. This lady application is supplied by the personal bankruptcy judge into the April 17, 1995. The latest personal bankruptcy trustee are discharged on 22, 1995, plus the Chapter thirteen continuing are finalized.

Into the January dos, 1996, Ms. Underwood recorded this against Basic Franklin, Voyager, and you may Seals, asserting claims alleging con, violation of deal, and you will bad faith, all concerning the experts repaid by Voyager less than the girl insurance coverage formula. Very first Franklin, Voyager, and Seals went to possess a synopsis wisdom, arguing the “doctrine of official estoppel” prohibited Ms. Underwood regarding searching for the lady says. The demonstration judge granted the newest action and you can joined a wisdom in the choose of the defendants.

A movement to own conclusion judgment is provided if there is no genuine issue of material facts additionally the moving party try entitled to a view as an issue of legislation. Hinkle v. Burgreen Employing Co., 678 Therefore.2d 797 (Ala.Civ.Application.1996). In the event your moving team tends to make a prima facie demonstrating one to no legitimate issue of thing reality can be acquired and that it was called to help you a view since a point of rules, the responsibility shifts to your nonmovant going give having proof carrying out a bona-fide dilemma of question truth. Id. To help you overcome a properly served realization judgment action, the new nonmovant need to expose ample facts starting a bona fide dilemma of question fact. Id.

A borrower in the a bankruptcy proceeding have to reveal one litigation more than likely to surface in a beneficial nonbankruptcy perspective. Luna v. Dominion Bank away from Center Tennessee, Inc., 631 Thus.2d 917 (Ala.1993). The fresh new philosophy regarding official estoppel relates to prevent a party from and in case a situation into the a court case contradictory having a situation in earlier times asserted. Id. For this reason, brand new doctrine suppresses a debtor who failed to reveal a state inside a bankruptcy from saying brand new allege inside an effective nonbankruptcy form.