IN RE MAJEWSKI
310 F.3d 653 (2002)
NATURE OF THE CASE: Trustee (P) appealed a dismissal and affirmation of his suit against Hospital (D) alleging D discriminated against the Majewski, debtor, by firing him after he indicated his intent to file bankruptcy.
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.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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