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Can a Debtor be Judicially Estopped from Prosecuting an Undisclosed Employment Discrimination Claim?

Yes. As reported by Robin Miller of CBAR, a Chapter 13 debtor was judicially estopped from prosecuting her employment discrimination claim where she obtained confirmation of her plan in her still-active bankruptcy case without disclosing either her prepetition Charge of Discrimination filed with the Florida Commission on Human Relations and the Equal Employment Opportunity Commission or her postpetition lawsuit against her former employer.

Summersill v. Kelly, 2014 WL 1333206 (M.D. Fla., April 3, 2014)

(case no. 5:12-cv-667) (District Judge William Terrell Hodges)