Plaintiff’s Employment Case Dismissed for Failure to Mention Suit in Pending Bankruptcy Proceedings, New Jersey District Court Holds

In Lewis v. Eberle & BCI Services, LLC, 2013 WL 4483529 (D.N.J. Aug. 19, 2013), a New Jersey district court dismissed the plaintiff’s claims brought under the Americans with Disabilities Act and the Family and Medical Leave Act because she failed to disclose them as “assets” in a simultaneous bankruptcy proceeding. The plaintiff was engaged in Chapter 7 bankruptcy proceedings when she filed suit against her former employer, but she did not revise her bankruptcy petition to identify those claims. The plaintiff benefited in her debt negotiations by shielding the lawsuit from the bankruptcy court. Therefore, the district court dismissed the employment claims under a judicial estoppel theory to avoid a miscarriage of justice.