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§ 525

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

Davis, In re--Davis v. Long Reach Fed. Credit Union

Ruling: 
Debtor's complaint was dismissed after the court found that the defendant terminated thedebtor for a reason other than her bankruptcy or insolvency. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 01,2017, LexisNexis #0917-014

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

Daniel v. Wheeler County State Bank (In re Daniel)

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.
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.
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Consumer case opionion summary, case decided on May 04,2012, LexisNexis #0612-120

Uplinger v. U.S. Investigation Servs. (In re Uplinger)

United States on behalf of its agency, the U.S. Immigration and Customs Enforcement, Federal Protective Service (ICE/FPS), filed a motion to dismiss debtor's complaint under 11 U.S.C.S. § 525(a), which alleged that she was discriminated against (not hired) because of her status as a debtor in bankruptcy.
Ruling: 
Debtor had no claim of discrimination on account of bankruptcy where employer was not a government agency but a government contractor.
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Consumer case opionion summary, case decided on January 20,2012, LexisNexis #0212-123

Myers v. TooJays Mgmt. Corp.

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.
Ruling: 
District court properly granted summary judgment in favor of private employer on claim of discrimination due to bankruptcy.
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Consumer case opionion summary, case decided on May 17,2011, LexisNexis #0611-054

FCC v. Airadigm Communs. Inc. (In re Airdigm Communs. Inc.)

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.
Ruling: 
Claim disallowed where creditor took opposite position on appeal to that taken before bankruptcy court.
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Consumer case opionion summary, case decided on August 04,2010, LexisNexis #1010-092

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