Morris E. Muse v. Accord Human Resources

Plaintiff Morris E. Muse appeals the district court’s grant of summary judgment to defendants Accord Human Resources, Inc. and Peachtree Pest Control, Inc. (collectively referred to as “defendants”) in his action to recover unpaid wages under the Fair Labor Standards Act (“FLSA”). After review, we conclude that the district court erred in applying judicial estoppel to bar Muse’s unpaid wage claim. Thus, we reverse the grant of summary judgment.

I. BACKGROUND

On November 7, 1997, Muse commenced a Chapter 13 bankruptcy action and filed a schedule of assets under oath. The bankruptcy plan was…