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§ 525(a)

In re Aurora Gas, LLC

Ruling: 
State impermissibly discriminated against the debtor in conditioning approval onassumption of the debtor's liability for the leases. (Bankr. D. Alaska)
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Commercial case opionion summary, case decided on September 26,2017, LexisNexis #1117-017

Uberoi v. Supreme Court of Fla.

Ruling: 
Dismissal of debtor's complaint alleging discrimination on account of bankruptcy filing affirmed.
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Consumer case opionion summary, case decided on April 18,2016, LexisNexis #0516-054

Housing Auth. of the City of Pittsburgh v. Smith (In re Smith)

Ruling: 
Subsidized public housing lease was a "similar grant" rendering housing authority's eviction action against debtor discriminatory.
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Consumer case opionion summary, case decided on May 20,2014, LexisNexis #0614-056

Ellis v. United States Dept of Homeland Sec. (In re Ellis)

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.
Ruling: 
Department of Homeland Security did not discriminate against debtor on account of bankruptcy by temporarily denying employment as government contract security worker.
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Consumer case opionion summary, case decided on May 13,2013, LexisNexis #0813-091

In re Mead

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.
Ruling: 
Objection to tax claim for full amount of liability rather than compromise amount sustained.
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Consumer case opionion summary, case decided on January 04,2013, LexisNexis #0113-117

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.)

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.
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.
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Commercial case opionion summary, case decided on December 01,2009, LexisNexis #0110-085

In re Chim

Chapter 7 debtor filed a motion to approve a reaffirmation agreement with a lender pursuant to 11 U.S.C.S. § 524(c).
Ruling: 
Court declined to approve reaffirmation agreement due to presumption of undue hardship.
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Consumer case opionion summary, case decided on January 25,2008, LexisNexis #0208-117

Biggs v. Housing Auth. of Pittsburgh

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.
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.
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Ayes v. United States Dept of Veterans Affairs

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.
Ruling: 
Veterans'home loan guaranty entitlement could be withheld after discharge.
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Potter v. City of Hanceville (In re Potter)

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), and 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.
Ruling: 
Police chief debtor could pursue claim for damages and attorneys fees based on bankruptcy discrimination by municipality.
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