(Seventh Circuit Issued June 24, 2014)
The Seventh Circuit reverses the district court’s grant of summary judgment in favor of the defendant employer. The plaintiff had previously filed bankruptcy and failed to schedule as an asset an employment discrimination claim. The defendant employer moved for summary judgment on the basis that the plaintiff should be estopped from asserting the claim after omitting it from her schedules. The district court granted the motion, but the appellate court reversed, finding the transcript from the 341 meeting reflected that the plaintiff had disclosed the claim and thus there was a genuine issue of material fact as to whether the plaintiff intentionally omitted the claim such that estoppel would apply. Opinion below.