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Jones v. Bob Evans Farms, Inc.

United States Court of Appeals, Eighth Circuit

January 26, 2016

Jerry D. Jones, Plaintiff - Appellant
v.
Bob Evans Farms, Inc.; Nick Noble; Joy Willis; Tresa Scroggins, Defendants - Appellees; National Association of Consumer Bankruptcy Attorneys, Amicus on Behalf of Appellant(s)

Submitted December 16, 2015

Appeal from United States District Court for the Western District of Missouri - Kansas City.

For Jerry D. Jones, Plaintiff - Appellant: Brian J. Klopfenstein, Kearney, MO.

For Bob Evans Farms, Inc., Joy Willis, Tresa Scroggins, Defendants - Appellees: Thomas E. Berry, Jr., SANDBERG & PHOENIX, Saint Louis, MO; Jonathan Ross Vaughn, VORYS & SATER, Columbus, OH.

Nick Noble, Defendant - Appellee, Pro se, Liberty, MO.

For National Association of Consumer Bankruptcy Attorneys, Amicus on Behalf of Appellant(s): Jon Erik Heath, San Francisco, CA; Tara A. Twomey, NATIONAL ASSOCIATION OF CONSUMER BANKRUPTCY ATTORNEYS, San Jose, CA.

Before MURPHY, BENTON, and KELLY, Circuit Judges.

OPINION

Page 1031

MURPHY, Circuit Judge.

Jerry Jones brought this action against his employer Bob Evans Farms, Inc. (Bob Evans) and several Bob Evans employees, alleging employment discrimination in violation of federal and Missouri law. The district court[1] granted summary judgment for Bob Evans, concluding that Jones' failure to disclose his claims in his Chapter 13 bankruptcy proceedings judicially estopped him from pursuing them. Jones appeals, and we affirm.

I.

Jones began working for Bob Evans in June 2009. A few months later he and his wife Sharron Shores filed for Chapter 13 bankruptcy. The trustee filed a motion with the bankruptcy court to deny confirmation of their plan because they had not included Shores' pending workers compensation claim in their bankruptcy schedules. Jones and Shores amended their schedules to include that claim and agreed to make any nonexempt proceeds from it available to their unsecured creditors. The bankruptcy court then confirmed their plan in January 2010. The confirmation order required Jones and Shores to report to the

Page 1032

trustee " any events affecting disposable income," specifically including lawsuits that were " received or receivable" during the term of their plan, which would ...


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