TOTH V. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
136 F.3d 477 (1998)
NATURE OF THE CASE: Toth (P) appealed an order, which granted summary judgment in favor
of Michigan (D) in P's action alleging discrimination in violation of 11 U.S.C.S. § 525(a)
of the Bankruptcy Code.
FACTS: P was discharged in bankruptcy in June 1995. Several months later, P applied D for
a home improvement loan. D notified P that her loan application had been denied due to D's
policy of requiring at least three years to lapse after the date of a bankruptcy discharge
before a loan application will be processed. P sued Ds alleging that D and two of its
officials unlawfully discriminated against her in violation of § 525(a) of the Bankruptcy
Code. The court granted Ds’ motion for summary judgment on the merits. P appealed and
asserts that the strictures of § 525(a) apply to the home improvement loan program operated
by D to prohibit implementation of the agency's policy to deny her a loan based solely upon
her prior discharge in bankruptcy.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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