Legal Opinion

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

District Court, N.D. Texas

Decided May 27, 2003No. 3:03-cv-00074PublishedCited by 10 opinions

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

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Maritime Overseas Corp. v. EllisTexas Supreme Court · 1998
  3. Randall's Food Markets, Inc. v. JohnsonTexas Supreme Court · 1995
  4. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  5. Green v. Administrators of the Tulane Educational FundCourt of Appeals for the Fifth Circuit · 2002

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3Cited by10 opinions

  1. U.S. Bank National Ass'n v. Safeguard InsuranceDistrict Court, N.D. Texas · 2006
  2. Adell v. John Richards Homes Building Co. (In Re John Richards Homes Building Co.)District Court, E.D. Michigan · 2004
  3. Wakefield v. Southwest Securities, Inc. (In Re Wakefield)United States Bankruptcy Court, N.D. Texas · 2004
  4. Dickinson v. Merrill Lynch, Pierce, Fenner, & Smith Inc.District Court, D. Connecticut · 2006
  5. Benton v. Ryan's Family SteakhouseDistrict Court, S.D. Mississippi · 2004

5 more not listed; retrieve them via the Exa API.

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