5th Circ. Says Debtor Lost Right To Sue Tyson For Bias

Law360, New York (April 05, 2012, 5:25 PM ET) -- The Fifth Circuit ruled in a 2-1 precedential opinion Thursday that a man who sought to sue Tyson Foods Inc. for employment discrimination gave up his right to do so when he failed to disclose the claim in his Chapter 13 bankruptcy petition.

“The Bankruptcy Code and rules impose upon bankruptcy debtors an express, affirmative duty to disclose all assets, including contingent and unliquidated claims,” the appeals court wrote, citing its 1999 decision in Browning Manufacturing v. Mims (In re: Coastal Plains Inc.).

“The obligation to...
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