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In re Majewski

United States Court of Appeals for the Ninth Circuit

310 F.3d 653 (2002)

Facts

Norman Majewski incurred substantial medical debt after a stay at St. Rose Dominican Hospital (St. Rose) (defendant). He later became employed by St. Rose but after three years of working there remained unable to pay off his debt. Majewski informed St. Rose that he intended to file for bankruptcy. The hospital fired him before he submitted his bankruptcy petition. After Majewski filed for bankruptcy, the trustee in his case, William Leonard (plaintiff), brought a complaint against St. Rose for violating the Bankruptcy Code’s anti-discrimination provision set forth at 11 U.S.C. § 525(b). The bankruptcy court dismissed the complaint on the grounds that § 525(b) applies only to terminations that occur after the commencement of a bankruptcy case. The district court affirmed. The trustee appealed.

Rule of Law

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Issue

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Holding and Reasoning (Schroeder, C.J.)

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Dissent (Reinhardt, J.)

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