In Re Majewski

310 F.3d 653 (2002)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Majewski incurred large medical expenses, D, where he was employed. After repayment negotiations failed, he told D he intended to file for bankruptcy. D fired him before he did so. P contends that the firing violated the bankruptcy code provision barring termination of an individual who 'is or has been' a bankruptcy debtor 'solely because' the individual is or has been a debtor in bankruptcy. 11 U.S.C. § 525(b). The court dismissed the claim in that the statute did not protect persons who had not yet filed for bankruptcy. The district court affirmed. P appealed. P contends that courts should interpret the provisions liberally to apply to debtors before they file a bankruptcy petition.

Issues

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Holding & Decision

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Legal Analysis

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