In re Majewski
United States Court of Appeals for the Ninth Circuit
310 F.3d 653 (2002)
Norman Majewski, who owed substantial medical debt to his employer St. Rose Dominican Hospital (St. Rose) (defendant) from a prior hospital stay, informed St. Rose he intended to file bankruptcy, and St. Rose fired him before he actually submitted his petition. After Majewski filed bankruptcy, his trustee William Leonard (plaintiff) sued St. Rose for violating 11 U.S.C. §525(b)'s anti-discrimination provision; the bankruptcy court dismissed, finding the provision applies only to terminations occurring after a bankruptcy case has commenced, the district court affirmed, and the trustee appealed.
Whether 11 U.S.C. §525(b)'s anti-discrimination protection applies where an employer terminates an employee because the employee intends to file for bankruptcy, but has not yet actually filed at the time of termination.