The bankruptcy court denied the defendants' motion for summary judgment in this legal malpractice case. The motion was primarily based on the doctrine of judicial estoppel, and the defendants argued that testimony on the debtor's behalf had changed significantly, with the debtor taking the position in the bankruptcy case that abandonment of certain assets was necessary, and now taking the position in the malpractice action that it could have maintained those assets and should not have been forced to abandon them. The court found that the evidence presented does not establish judicial estoppel, and ordered the case to proceed to trial.