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De Leon v. Comcar Industries, Inc.

United States Court of Appeals, Eleventh Circuit
Feb 18, 2003
321 F.3d 1289 (11th Cir. 2003)

Summary

holding that because Chapter 13 debtor "knew about his [civil] claim and possessed a motive to conceal it ... we can infer from the record his intent to make a mockery of the judicial system"

Summary of this case from Slater v. U.S. Steel Corp.

Opinion

No. 02-13688.

February 18, 2003.

Merette Leigh Oweis, DiCesare, Davidson Barker, PA, Lakeland, FL, for Plaintiff-Appellant.

John W. Bencivenga, William E. Sizemore, Kevin David Johnson, Thompson, Sizemore Gonzalez, P.A., Tampa, FL, for Defendant-Appellee.

Appeal from the United States District Court for the Middle District of Florida.

Before DUBINA, HILL and COX, Circuit Judges.


Appellant Juan De Leon ("De Leon") appeals the district court's grant of summary judgment on his discrimination and retaliation claims against his former employer, Comcar Industries, Inc. ("Comcar"). The district court based its decision on the finding that judicial estoppel barred De Leon's claims because he failed to disclose those claims in his bankruptcy filings. For the reasons that follow, we affirm.

I. BACKGROUND

De Leon filed a charge with the Equal Employment Opportunity Commission ("EEOC") on December 2, 1999. The EEOC sent De Leon correspondence on July 7, 2000, explaining that if the EEOC brought a civil action, he would have the right to intervene in the action, or if it decided not to bring suit, he would be issued a right-to-sue letter. De Leon hired counsel to "gather information" on October 11, 2000. Subsequently, on November 7, 2000, De Leon filed bankruptcy.

De Leon argues that he hired counsel only to help him obtain information from the EEOC and that it was not until April of 2001 that her purpose as counsel changed from information gatherer to adversary preparing to file a lawsuit.

The EEOC issued a right-to-sue letter on April 19, 2001. De Leon filed a discrimination suit on May 14, 2001. He never amended his bankruptcy filing to add his lawsuit as a potential asset. The bankruptcy court issued an order confirming a Chapter 13 plan on July 30, 2001. De Leon filed an amended petition to reopen the bankruptcy estate in April 2002.

II. ISSUE

Whether the district court erred in applying the doctrine of judicial estoppel to bar De Leon's claim.

III. STANDARD OF REVIEW

This court reviews the district court's grant of summary judgment de novo. Levinson v. Reliance Standard Life Ins. Co., 245 F.3d 1321, 1325 (11th Cir. 2001). Additionally, this court reviews a district court's application of judicial estoppel for abuse of discretion. Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282, 1284 (11th Cir. 2002).

IV. ANALYSIS

In May of 2002, this court affirmed the application of judicial estoppel in a Chapter 7 bankruptcy case. Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282, 1283 (11th Cir. 2002). De Leon attempts to distinguish Burnes because that case involved a debtor who filed for bankruptcy under Chapter 7, which allows for the complete discharge of debts. De Leon filed for bankruptcy under Chapter 13 through which his debts would be discounted and repaid. However, a financial motive to secret assets exists under Chapter 13 as well as under Chapter 7 because the hiding of assets affects the amount to be discounted and repaid. Burnes made no distinction based on the type of bankruptcy at issue. We also conclude that any distinction between the types of bankruptcies available is not sufficient enough to affect the applicability of judicial estoppel because the need for complete and honest disclosure exists in all types of bankruptcies. Accordingly, we hold that the rule established in Burnes, that judicial estoppel bars a plaintiff from asserting claims previously undisclosed to the bankruptcy court where the plaintiff both knew about the undisclosed claims and had a motive to conceal them from the bankruptcy court, applies equally in Chapter 13 bankruptcy cases.

The plaintiff in Burnes originally filed bankruptcy under Chapter 13, but converted it to a Chapter 7 bankruptcy. 291 F.3d at 1284.

De Leon also argues that his effort to reopen his bankruptcy estate is evidence that his omission was inadvertent. But see Burnes, 291 F.3d at 1287 (explaining that "`the debtor's failure to satisfy its statutory disclosure duty is `inadvertent' only when, in general, the debtor either lacks knowledge of the undisclosed claims or has no motive for their concealment'") (quoting In re Coastal Plains, Inc., 179 F.3d 197, 210 (5th Cir. 1999)). While Chapter 13 does allow amendments to be made to add after-acquired assets and Chapter 7 does not, De Leon did not make such an amendment even after he filed suit. Despite De Leon's continuing duty to disclose all assets or potential assets to the bankruptcy court, he did not amend his bankruptcy documents to add a potential employment discrimination claim until after Comcar relied on it in its motion to dismiss the case.

The success of our bankruptcy laws requires a debtor's full honest disclosure. Allowing [plaintiff] to back-up, re-open the bankruptcy case, and amend his bankruptcy filings, only after his omission has been challenged by an adversary, suggests that a debtor should consider disclosing potential assets only if he is caught concealing them.

Burnes, 291 F.3d at 1288.

Because De Leon certainly knew about his claim and possessed a motive to conceal it because his amount of repayment would be less, we can infer from the record his intent "to make a mockery of the judicial system." Id. at 1285-87. In conclusion, because the district court did not err in applying judicial estoppel to De Leon's retaliation and discrimination claims, we affirm its grant of summary judgment to Comcar.

AFFIRMED.


Summaries of

De Leon v. Comcar Industries, Inc.

United States Court of Appeals, Eleventh Circuit
Feb 18, 2003
321 F.3d 1289 (11th Cir. 2003)

holding that because Chapter 13 debtor "knew about his [civil] claim and possessed a motive to conceal it ... we can infer from the record his intent to make a mockery of the judicial system"

Summary of this case from Slater v. U.S. Steel Corp.

holding that because the plaintiff "certainly knew about his claim and possessed a motive to conceal it," the court could infer from the record his intent "to make a mockery of the judicial system"

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holding that judicial estoppel bars a plaintiff from pursuing claims that were not disclosed to the bankruptcy court when "the plaintiff both knew about the undisclosed claims and had a motive to conceal them"

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holding that a financial motive to hide assets exists under Chapter 13 because the amount disclosed affects the amount to be discounted and repaid

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holding that a financial motive to hide assets exists under Chapter 13 because the amount disclosed affects the amount to be discounted and repaid

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holding that a financial motive to hide assets exists under Chapter 13 because the hiding of assets affects the amount of repayment due to creditors

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holding that a financial motive to hide assets exists under Chapter 13 because the amount disclosed affects the amount to be discounted and repaid

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holding that the plaintiff was judicially estopped to pursue a Title VII claim where he failed to amend his bankruptcy filing to add his lawsuit as a potential asset, and the fact that plaintiff sought to amend his filing only after the defendant relied on the bankruptcy omission as a basis for judicial estoppel in its motion to dismiss the Title VII case did not show that the omission was inadvertent

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holding that a financial motive to hide assets exists under Chapter 13 because the amount disclosed affects the amount to be discounted and repaid

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holding that judicial estoppel applied in Chapter 13 notwithstanding debtor's efforts to reopen bankruptcy case to disclose lawsuit

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finding motive and applying judicial estoppel where the plaintiff did not amend his bankruptcy schedule to add his potential discrimination claim until after the defendant relied on plaintiff's omission in its motion to dismiss

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finding judicial estoppel applied where plaintiff did not amend Chapter 13 filings to include employment discrimination lawsuit until after the issue was raised in a motion to dismiss in the discrimination case

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finding that Chapter 13 debtor had a motive to conceal "because the hiding of assets affects the amount to be discounted and repaid" and if the claim were omitted from the bankruptcy estate's assets, "his amount of repayment would be less. . ."

Summary of this case from Brothers v. Bojangles' Rests., Inc.

finding that a plaintiff-debtor had taken an inconsistent position by failing to amend his bankruptcy schedules to include an employment discrimination claim against his former employer until after the employer raised the issue in its motion to dismiss his claim based on judicial estoppel

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finding plaintiff judicially estopped from pursuing cause of action where bankruptcy plan had been confirmed without cause of action included

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determining that under Chapter 13 bankruptcy, a financial motive exists to hide assets in order to reduce the amount to be paid by the debtor

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affirming summary judgment for the employer on discrimination and retaliation claims because the employee never disclosed the asserted claims as assets in his bankruptcy proceeding

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affirming the grant of summary judgment on judicial estoppel grounds even though the bankruptcy court had issued an order confirming the bankruptcy plan and the plaintiff had filed an amended petition to open the estate, noting that claimant's effort to "amend his bankruptcy filing only after his omission has been challenged by an adversary, suggests that a debtor should consider disclosing potential assets only after he is caught concealing them."

Summary of this case from Brothers v. Bojangles' Rests., Inc.

affirming dismissal of employment discrimination action when debtor failed to disclose in Chapter 13 proceedings the discrimination charge he previously filed with EEOC

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rejecting Chapter 13 debtor's argument that efforts to reopen bankruptcy proceeding were evidence of inadvertence because "he did not amend his bankruptcy documents to add a potential employment discrimination claim until after [defendant] relied on it in its motion to dismiss the case"

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recognizing that a financial motive to secret assets exists under Chapter 13, as well as under Chapter 7, and the type of bankruptcy filing does not affect the application of judicial estoppel

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noting that Chapter 13 allows for the inclusion of after-acquired property in the bankruptcy estate while Chapter 7 does not

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noting that a plaintiff had a pending charge before the EEOC when he filed for bankruptcy in November 2000 and "never amended his bankruptcy filing to add his lawsuit as a potential asset" once he filed a discrimination lawsuit in May 2001

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applying this rule to Chapter 13 bankruptcy cases

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In De Leon v. Comcar Indus., Inc., 321 F.3d 1289 (11th Cir. 2003), the Eleventh Circuit affirmed a grant of summary judgment estopping a debtor's discrimination claims which he failed to include in his Chapter 13 bankruptcy filings.

Summary of this case from Young v. City of Mobile
Case details for

De Leon v. Comcar Industries, Inc.

Case Details

Full title:Juan De LEON, Plaintiff-Appellant, v. COMCAR INDUSTRIES, INC., A Florida…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Feb 18, 2003

Citations

321 F.3d 1289 (11th Cir. 2003)

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