Myers v. TooJays Mgmt. Corp.
May
17
2011
Ruling
District court properly granted summary judgment in favor of private employer on claim of discrimination due to bankruptcy.
Procedural posture
Appellant prospective employee sought review of a decision of the U.S. District Court for the Middle District of Florida, which granted summary judgment in favor of appellee prospective employer on the employee's 11 U.S.C.S. § 525(b) claim of discrimination due to his bankruptcy, and which upheld a jury verdict and denied the employee's renewed motion for judgment as a matter of law (JMOL) and for a new trial on his wrongful termination claim.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
FCC v. Airadigm Communs. Inc. (In re Airdigm Communs. Inc.)
Aug
04
2010
Ruling
Claim disallowed where creditor took opposite position on appeal to that taken before bankruptcy court.
Procedural posture
The Federal Communications Commission (FCC) appealed from rulings of the District Court for the Western District of Wisconsin concerning three claims of Telephone and Data Systems, Inc. (TDS) in the debtor's 2006 bankruptcy. The district court concluded that the FCC's objections to all three claims should be overruled. TDS filed three claims in the 2006 bankruptcy, and the FCC objected.
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Court
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Judge or Jurisdiction information not available
Banner v. ABF Freight Sys. (In re Banner)
Dec
30
2009
Ruling
Employment termination did not amount to discrimination on account of bankruptcy where debtor's performance was problematic.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant former employer of the debtor alleging that the employer terminated the debtor as a sales representative because of her bankruptcy in violation of 11 U.S.C.S. § 525(b). The employer moved for summary judgment.
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Court
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Centro de Cuidado Titi Norma Inc. v. Estado Libre Asociado de PR Departamento de la Familia Acuden (In re Centro de Cuidado Titi Norma Inc.)
Dec
01
2009
Ruling
Funding agency's refusal to renew debtor child care facility's contract was based on debtor's outstanding taxes and was not discrimination on account of bankruptcy.
Procedural posture
Debtor which operated a child care facility brought an adversary proceeding against defendant agency which provided funds for the debtor's facility under a contract, alleging that the agency refused to renew the contract based on the debtor's bankruptcy in violation of 11 U.S.C.S. § 525(a). The agency moved for summary judgment.
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Court
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Martin v. American Family Mut. Ins. Co. (In re Martin)
Sep
28
2007
Ruling
Private employer's failure to hire debtor due to past bankruptcy filing was not discriminatory.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant prospective employers claiming that they had violated the anti-discrimination provisions contained in 11 U.S.C. § 525(b) by refusing to hire her solely on the basis that she had previously filed a bankruptcy petition. Defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b), as incorporated by Fed. R. Bankr. P. 7012.
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Court
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Biggs v. Housing Auth. of Pittsburgh
Feb
28
2007
Ruling
Bankruptcy court erred in lifting stay to allow city housing authority to start eviction proceedings against debtor as debtor was protected from discrimination on account of bankruptcy.
Procedural posture
Appellant debtor appealed the order of the bankruptcy court granting appellee city housing authority's motion for relief from the automatic stay for bankruptcy under 11 U.S.C. § 362, thus permitting the authority to commence eviction proceedings in state court against debtor based upon her previous failure to keep up with her rent payments and to pay accumulated arrearage.
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Court
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Ayes v. United States Dept of Veterans Affairs
Dec
27
2006
Ruling
Veterans'home loan guaranty entitlement could be withheld after discharge.
Procedural posture
Appellant veterans alleged that appellee, the Department of Veterans Affairs ("VA"), violated 11 U.S.C. § 525(a) by refusing to fully restore home loan guaranty entitlements following the veterans'discharges in bankruptcy. The veterans appealed a judgment of the District Court for the Eastern District of North Carolina granting the VA's Fed. R. Civ. P. 12(b)(6) motion to dismiss.
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Potter v. City of Hanceville (In re Potter)
Nov
06
2006
Ruling
Police chief debtor could pursue claim for damages and attorneys fees based on bankruptcy discrimination by municipality.
Procedural posture
Defendants, a city and city officials, filed motions for summary judgment in chapter 7 debtor's action, which alleged that defendants denied him continued employment based only on the fact that he had filed bankruptcy, in violation of 11 U.S.C. § 525(a), that the violation entitled him to damages pursuant to the discrimination cause of action created by 42 U.S.C. § 1983, and to attorneys fees under 42 U.S.C. § 1988.
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Court
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