Legal Opinion

Wakefield v. Southwest Securities, Inc. (In Re Wakefield)

United States Bankruptcy Court, N.D. Texas

Decided July 19, 2004No. 19-30718PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER ON REMAND

STEVEN A. FELSENTHAL, Chief Judge.

It is the law of this case that Southwest Securities, Inc., in violation of 11 U.S.C. § 525(b), terminated the employment of Daniel Alan Wakefield, the debtor, because he filed a petition for relief under Chapter 7 of the Bankruptcy Code. Wakefield v. SWS Securities, Inc. (In re Wakefield), 293 B.R. 372, 383 (N.D.Tex.2003). Southwest Securities, Inc., attempts to avoid the consequences of its unlawful act by requesting the court to preclude Wakefield’s lawsuit by application of the doctrine of judicial estoppel. Southwest…

2Cases cited7 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  3. 1993-1 Trade Cases P 70,178, Bankr. L. Rep. P 75,211 Payless Wholesale Distributors, Inc. v. Alberto Culver (p.r.) Inc.Court of Appeals for the First Circuit · 1993
  4. Faye Brandon v. Interfirst Corporation, and John Hancock Mutual Life Insurance CompanyCourt of Appeals for the First Circuit · 1988
  5. Youngblood Group v. Lufkin Federal Savings & Loan Ass'nDistrict Court, E.D. Texas · 1996

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3Cited by10 opinions

  1. Gottlieb v. KestCalifornia Court of Appeal · 2006
  2. United States v. HarcharDistrict Court, N.D. Ohio · 2007
  3. Sherman v. Wal-Mart Associates, Inc.District Court, N.D. Texas · 2016
  4. Autos, Inc. v. GowinUnited States Bankruptcy Court, D. Kansas · 2005
  5. LJM2 Co-Investment, L.P. v. Dodson (In Re LJM2 Co-Investment, L.P.)United States Bankruptcy Court, N.D. Texas · 2005

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