Maintenance of inconsistent positions in civil litigation (e.g., not disclosing a suit for damages in a bankruptcy litigation) is not in itself making a sham of the judicial system; the court, when making such a determination, must consider the plaintiff/petitioner's sophistication and the conduct of the suit.
11.uscourts.gov/opinions/pub/files/201215548.op2.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.