Barker v. Asset Acceptance, LLC

Case Summary: 11-cv-2029

On January 9, 2011, plaintiff Harvey Barker filed a complaint for money damages and declaratory relief in the United States District Court for the District of Kansas against defendant Asset Acceptance, LLC. The complaint alleged violations of the Fair Debt Collection Practices Act arising out of claims that defendant engaged in unlawful communications prohibited by the statute. Defendant filed a motion for summary judgment, arguing, inter alia, that plaintiff should be judicially stopped from proceeding because he deliberately failed to include this lawsuit on his bankruptcy schedules in an attempt to deceive the bankruptcy court and manipulate the judicial system to gain an unfair advantage over his creditors. The court heard oral argument and held an evidentiary hearing on the issue of judicial estoppel on June 1, 2012. On June 5, 2012, the court issued its memorandum and order granting defendant’s motion for summary judgment on the basis of judicial estoppel. The same day the court entered judgment in favor of defendant Asset Acceptance, LLC and against plaintiff Harvey Barker.

Case Highlights

• Complaint filed 1/19/2011 [Doc #1]
• Answer filed 2/11/2011 [Doc #4]
• Defendant’s Motion for Summary Judgment filed 9/15/2011 [Doc ##21-22]
• Plaintiff’s Reply filed 10/12/2011 [Doc #25]
• Defendant’s Reply to Response filed 10/20/2012 [Doc #26]
• Evidentiary Hearing on 6/1/2012
• Memorandum and Order Granting Defendant’s Motion filed 6/5/2012 [Doc #29]
• Judgment in favor of Asset Acceptance, LLC and against Harvey Barker entered 6/5/2012 [Doc #30]

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.