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AUDAY v. WET SEAL RETAIL, INC.

No. 12-5057.

698 F.3d 902 (2012)

Karen AUDAY, Plaintiff-Appellant, v. WET SEAL RETAIL, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 25, 2012.

Attorney(s) appearing for the Case

ARGUED: Frank P. Pinchak, Burnette, Dobson & Pinchak, Chattanooga, Tennessee, for Appellant. Jonathan O. Harris, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Nashville, Tennessee, for Appellee. ON BRIEF: Frank P. Pinchak, Harry F. Burnette, William H. Payne IV, Burnette, Dobson & Pinchak, Chattanooga, Tennessee, for Appellant. Jonathan O. Harris, Jennifer S. Rusie, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Nashville, Tennessee, for Appellee.

Before: SUTTON, GRIFFIN and WHITE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Karen Auday had a bad week. To start, her employer, Wet Seal Retail, fired her, a decision she believes was based on age. Four days later, she and her husband filed for bankruptcy. Auday now attempts to sue Wet Seal for age discrimination, but the claim became property of her estate when she entered bankruptcy. We thus must vacate the judgment and return the case to the district court either to allow Auday to dismiss the action...

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