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RODNEY FOSTER, Plaintiff and Appellant, v. THOMAS FOSTER, Defendant and Appellee. [2003 SD 151] South Dakota Supreme Court Appeal from the Circuit Court of The Third Judicial Circuit Clark County, South Dakota Hon. Robert L. Timm, Judge 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. Considered on Briefs November 17, 2003 Opinion Filed 12/23/2003 #22784 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 note from his brother that the debtor claims either ratified the earlier agreement or created a new agreement. When the bankruptcy ended, the debtor sued his brother to enforce the agreement. On cross-motions for summary judgment, the circuit court granted the brother

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South Dakota Law