In re Aurora Gas, LLC
Sep
26
2017
Ruling
State impermissibly discriminated against the debtor in conditioning approval onassumption of the debtor's liability for the leases. (Bankr. D. Alaska)
Issue(s)
Protection Against Discriminatory Treatment; Discrimination by Governmental Unit.
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Court
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Uberoi v. Supreme Court of Fla.
Apr
18
2016
Ruling
Dismissal of debtor's complaint alleging discrimination on account of bankruptcy filing affirmed.
Issue(s)
Did the district court err in dismissing debtor's case alleging that her application to become a member of the state bar was wrongfully denied on account of her bankruptcy filing?
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Court
:
Judge or Jurisdiction information not available
Housing Auth. of the City of Pittsburgh v. Smith (In re Smith)
May
20
2014
Ruling
Subsidized public housing lease was a "similar grant" rendering housing authority's eviction action against debtor discriminatory.
Issue(s)
Was housing authority's eviction against debtor discriminatory as affecting a "similar grant" on account of debtor's bankruptcy?
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Court
:
Ellis v. United States Dept of Homeland Sec. (In re Ellis)
May
13
2013
Ruling
Department of Homeland Security did not discriminate against debtor on account of bankruptcy by temporarily denying employment as government contract security worker.
Procedural posture
Plaintiff debtor brought this action against defendant, the U.S. Department of Homeland Security (DHS), asserting that it discriminated against him in violation of 11 U.S.C.S. § 525(a) by temporarily denying him employment as a government contract security worker. Before the court was DHS's Fed. R. Civ. P. 52(c) oral, renewed motion for judgment on partial findings.
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Court
:
In re Mead
Jan
04
2013
Ruling
Objection to tax claim for full amount of liability rather than compromise amount sustained.
Procedural posture
The IRS filed a proof of claim for the full amount of the debtors' tax liability even though the debtors and the IRS had entered into a compromise of that tax liability and the debtors were not in default of the compromise terms. The debtors filed an objection to the claim.
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Court
:
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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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
:
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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