Legal Opinion · Dissent

In Re Norbert Majewski in Re Muriel Majewski, Debtors, William J. Leonard, Trustee-Appellant v. St. Rose Dominican Hospital

Court of Appeals for the Ninth Circuit

Decided November 13, 2002No. 01-15544Published

1DissentReinhardt, Circuit Judge

Norman Majewski was hospitalized at St. Rose Dominican Hospital, and incurred substantial medical expenses. He later went to work for St. Rose, but in three years was unable to earn enough to discharge his medical debt. He then advised his employer that he intended to file for bankruptcy — but before he could actually file a formal petition, he was summarily fired.

Despite Congressional intent to enact legislation banning precisely such retaliation, the majority’s opinion gives employers free license to punish an employee’s good-faith efforts to become a protected debtor. Indeed, under today’s…

2Cases cited34 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. Dewsnup v. TimmSupreme Court of the United States · 1992

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