Marcia T. Dunn v. Advanced Medical Specialties, Inc., 556 F. App'x 785

Debtor Florencia Tronge-Knoepffler was employed by AMS as a Corporate Recruiter from Oct 16, 2006 to Nov 5, 2008.
Debtor has disabilities (CDIP and Monocular Diplopia) and claimed discrimination and unequal pay under ADA, Title VII, and the Equal Pay Act.
Debtor filed suit for employment discrimination two months before filing Chapter 7 bankruptcy by herself and her husband.
Debtor did not disclose the ADA suit as a contingent asset in Schedule B of the bankruptcy petition.
Dunn was appointed Chapter 7 Trustee to the bankruptcy estate; the Trustee later changed positions regarding the bankruptcy and the lawsuit.
Debtor’s discharge under 11 U.S.C. § 727 was entered in November 2011; AMS moved for summary judgment alleging judicial estoppel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment was proper on judicial estoppel.	Dunn contends Debtor concealed the suit with motive to deceive.	AMS argues Debtor’s concealment justifies estoppel to bar the claims.	Yes; summary judgment affirmed for AMS on judicial estoppel.
Whether the Trustee’s Rule 60(b)(4) motion to vacate was properly denied.	Dunn asserts Trustee has standing as real party in interest and judgment is void.	AMS contends Trustee lacked basis to challenge standing or voidness and notice was adequate.	Yes; Rule 60(b)(4) denial affirmed.

Robinson v. Tyson Foods, Inc., 595 F.3d 1269 (11th Cir. 2010) (abuse of discretion standard for judicial estoppel findings)
Barger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003) (real party in interest vs. standing in bankruptcy context)
De Leon v. Comcar Industries, Inc., 321 F.3d 1289 (11th Cir. 2003) (judicial estoppel principles in bankruptcy)
Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002) (application of judicial estoppel where concealment occurs)
Van T. Junkins & Assocs., Inc. v. U.S. Indus., Inc., 736 F.2d 656 (11th Cir. 1984) (sham affidavit in opposition to summary judgment)