Thank you for your answer on yesterday evening. Please find as follows the answers for the questions you requested.
I started the Litigation as Plaintiff against my daughter (Defendant) requesting the Court the imposition of a "Constructive Trust" to reconvey the title of the property to my name which Defendant (daughter) previously denied on the ground that she received the Deed as a gift, that she never signed the Nominee Agreement and she is not the "Nominee" but actually she is the "real owner" of the property.
Defendant (my daughter) interposed a Motion for Summary Judgment, currently pending, requesting to dismiss the Complaint.
Among her allegations the most controversial is as follows:
"In 1993, Plaintiff filed a voluntary Chapter 11 petition in the United States Bankruptcy Court in and for the Southern District of New York.
This office has obtained a certified copy of Plaintiff's Bankruptcy petition from the National Archives and Records Administration. On Schedule "A" of that petition, Plaintiff was called upon to list all of his real property. Plaintiff listed only the house atXXXXX Southampton, New York. No mention was made of his purported beneficial ownership of the flag lot atXXXXX
So here, where Plaintiff swore and represented in his Bankruptcy that he only owned one piece of real property,XXXXX he should be judicially estopped from now claiming that he also was and is the equitable owner ofXXXXX
Plaintiff admits in his pleading herein that he deeded the property to Defendant in 1985. For purposes of this action, Plaintiff's admissions in his Bankruptcy pleadings constitute informal judicial admissions that he did not ownXXXXXin 1993 or 1995. Plaintiff should not be heard to claim otherwise now"
At the present time Defendant has the legal capacity to get a judgment against her.
My idea is to ask the Court to dismiss the Case on the ground of Defendant "lack of legal capacity to sue" as she got the Deed by fraudulent way and if it's proven that she is not the real owner, she would not be entitled to act and talk in the name of the property as the legitimate owner.
The property is in Southampton, Suffolk County, New York State and I made the Chapter 11 Bankruptcy Petition in the Southern District of New York.
As an alternative solution, would it be possible to request the dismissal of the Summary Judgment against me by "Statutory Limitations" as the case was dismissed 13 years ago?
What is the Statutory Limitation to initiate a Judicial Estoppel based on a Bankruptcy case closed such a long time ago?