Supreme Court of the United States · Official docket →
Norman Lee Scott, Sr. v. Whitney R. Bailey, et al.
IFP petition · United States Court of Appeals for the Third Circuit, No. 24-2809 · judgment November 4, 2025
Questions presented
-
Whether a federal court may apply judicial estoppel to dismiss a civil action when the debtor reopened the bankruptcy case, amended the schedules with court approval, the trustee was appointed, and the bankruptcy was fully administered and closed before the civil dismissal.
-
Whether the Due Process Clause permits a district court to Sua Sponte reverse its prior ruling rejecting judicial estoppel, without notice or an opportunity to be heard, based solely on a decision from a different case involving different claims.
-
Whether judicial estoppel may be imposed without findings of intentional concealment, bad faith, or prejudice, contrary to New Hampshire v. Maine, 532 U.S. 742 (2001), and this Court’s bankruptcy-fresh-start jurisprudence.
-
Whether punishing a debtor for correcting a bankruptcy disclosure undermines the Bankruptcy Code’s “fresh start” policy.
Counsel of record
For petitioner
Norman Lee Scott Sr.
For respondent
Paul Joseph Sopher
Littler Mendelson, P.C.
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jul 23 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 17 2026Reply of petitioner Norman Lee Scott filed. (Distributed)
- Jul 09 2026Brief of respondent The Children's Hospital of Philadelphia; Whitney R. Bailey in opposition filed.
- Jun 23 2026Motion to extend the time to file a response is granted and the time is further extended to and including July 9, 2026.
- Jun 22 2026Motion to extend the time to file a response from June 29, 2026 to July 9, 2026, submitted to The Clerk.
- May 27 2026Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2026.
- May 22 2026Motion to extend the time to file a response from June 8, 2026 to June 29, 2026, submitted to The Clerk.
- Apr 28 2026Motion to extend the time to file a response is granted and the time is extended to and including June 8, 2026.
- Apr 15 2026Motion to extend the time to file a response from May 7, 2026 to June 8, 2026, submitted to The Clerk.
- Apr 07 2026Response Requested. (Due May 7, 2026)
- Apr 02 2026DISTRIBUTED for Conference of 4/17/2026.
- Jan 02 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)