Douglas K. McSherry v. Trans World Airlines, Inc.

The question in this appeal is whether an employee’s claim of discriminatory termination under the Americans with Disabilities Act (ADA) 1 was discharged in bankruptcy, given that the employer’s Chapter 11 plan was confirmed after the employee was terminated but before he received his right to sue letter from the administrative agency investigating his allegations. The district court 2 concluded that, for the purposes of the bankruptcy code, the employee’s claim arose before confirmation. Because all claims arising before confirmation are discharged, the court dismissed the employee’s suit…