Wakefield v. SWS Securities, Inc. (In Re Wakefield)
District Court, N.D. Texas
1Opinion of the Court
FITZWATER, District Judge.
The bankruptcy court awarded plaintiff-appellee Daniel Alan Wakefield (“Wake-field”) damages under 11 U.S.C. § 525(b) and Texas libel law after finding that defendant-appellant Southwest Securities, Inc. (“SWS”) had terminated his employment solely because he had filed for bankruptcy and had given false reasons in a Form U-5 for discharging him. The bankruptcy court rejected SWS’s reliance on the defense of judicial éstoppel to bar Wakefield’s § 525(b) cause of action. It applied a purely objective standard to find that, when Wakefield failed to amend the schedules…
2Cases cited23 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Maritime Overseas Corp. v. EllisTexas Supreme Court · 1998
- Randall's Food Markets, Inc. v. JohnsonTexas Supreme Court · 1995
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Green v. Administrators of the Tulane Educational FundCourt of Appeals for the Fifth Circuit · 2002
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