No. 21-5222

Adrienne Bush v. Kenneth Nathan, Trustee

Lower Court: Sixth Circuit
Docketed: 2021-07-28
Status: Denied
Type: IFP
Response WaivedRelisted (4)IFP
Tags: 11-usc-522(d)(11)(E) bankruptcy bankruptcy-exemption chapter-13 chapter-7 civil-rights due-process employment-discrimination lawsuit-proceeds trustee-discretion wrongful-termination
Key Terms:
Securities Immigration
Latest Conference: 2022-06-16 (distributed 4 times)
Question Presented (from Petition)

Section 522 of the Bankruptcy Code allows debtor exempt certain property.
In the Eastern District of Michigan Bankruptcy Court, this debtor was denied
the right to covert from a Chapter 7 to a Chapter 13 in order to complete an
employment discrimination and wrongful termination lawsuit file in federal
court. This debtor case was dismissed and denied the use of 11 USC 522(d)(11)(E)
as an exemption.
The trustee filed a motion to compromise and a late objection to this debtors
amended schedules.
The question(s) presented is, does the bankruptcy code 11 USC 522(d)(11)(E) exempt
Employment discrimination lawsuits? The employment discrimination and wrongful
termination lawsuit began in May 2016, future earrings begin the moment the
employment was terminated, does 11 USC 522(d)(11)(E) consider these funds as
retroactive and exempt?
Understanding the bankruptcy Court has the right to take any action " necessary or
appropriate to carry out the provisions " of the Code. Does that grant the trustee or the
bankruptcy court the ability to speculate an outcome of discrimination case without
reviewing the case in its entirety in order to obtain a quick settlement? Does this violate
the debtor 's rights covered by federal and state law employment laws to include 1983
claims and the Elliott Larsen Act to a fair and reasonable settlement or change to be
heard by a jury?

Question Presented (AI Summary)

Does 11 USC 522(d)(11)(E) exempt employment-discrimination lawsuits?

Docket Entries

2022-06-21
Rehearing DENIED.
2022-05-31
DISTRIBUTED for Conference of 6/16/2022.
2022-03-17
Motion considered closed.
2022-03-16
Motion DISTRIBUTED for Conference of 4/1/2022.
2022-02-17
Motion for leave to file a petition for rehearing filed by petitioner.
2022-02-17
Petition for Rehearing filed.
2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-10-25
Petitioner complied with order of October 4, 2021.
2021-10-04
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 25, 2021, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-12
Waiver of right of respondent Kenneth Nathan, Trustee to respond filed.
2021-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2021)

Attorneys

Adrienne Bush
Adrienne Bush — Petitioner
Kenneth Nathan, Trustee
Kenneth A. NathanNathan Law, PLC, Respondent