Robinson v. Tyson Foods
595 F. 3d 1269 (11th Cir. 2010) (February)
An employee brought an employment discrimination suit against her employer while also going through Chapter 13 bankruptcy proceedings. The employee failed to disclose this suit, as well as a separate workers’ compensation claim she was proceeding with, to the bankruptcy court. The district court granted summary judgment to the employer in the employment discrimination suit, ruling that the employee was arguing inconsistent positions and was trying to deceive the court. The circuit court affirmed, holding that the employee had a duty to make an honest disclosure of the totality of her financial situation to the bankruptcy court. The employment discrimination suit qualified as an asset that was property of the bankruptcy estate. The circuit court also held that failing to disclose that suit to the bankruptcy court constituted taking inconsistent positions under oath and that the employee could reasonably be seen as having the intent to make a “mockery of the judicial system.”