Adrienne Bush v. Kenneth Nathan, Trustee
Securities Immigration
Does 11 USC 522(d)(11)(E) exempt employment-discrimination lawsuits?
QUESTION(S) PRESENTED 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?