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§ 525(b)

McDavid, In re--McDavid v. McDavid

Nov
29
2022
Ruling
Complaint did not state a plausible claim for violation of the automatic stay as the property atissue was not property of the estate and it failed to plead all necessary elements. (Bankr. W.D.La.)
Issue(s)
Protection Against Discriminatory Treatment; Discrimination by Private Employer.

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Consumer opinion summary, case decided on November 29, 2022 , LexisNexis #0123-090
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Daniel v. Wheeler County State Bank (In re Daniel)

May
04
2012
Ruling
Employer who fired debtor after being informed by debtor of bankruptcy but prior to actual filing of petition, was not liable for discrimination on account of bankruptcy.
Procedural posture

Plaintiff chapter 13 debtor filed a complaint against defendant, her former employer, alleging that the employer discriminated against her in violation of 11 U.S.C.S. § 525(b) by terminating her employment because of her bankruptcy filing. The employer moved for summary judgment.

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Consumer opinion summary, case decided on May 04, 2012 , LexisNexis #0612-120
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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 :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 17, 2011 , LexisNexis #0611-054
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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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Consumer opinion summary, case decided on December 30, 2009 , LexisNexis #0110-121
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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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Consumer opinion summary, case decided on September 28, 2007 , LexisNexis #1007-113
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