Federal appeals court attorney Alex Wathen received support from NACBA in one of his appeals.
June 22, 2010 – Houston, Texas - NACBA the National Association of Consumer Bankruptcy Attorneys filed a brief in support of one of Alex Wathen’s clients in the case of Burnett v. Stewart Title, No. 10-20250 in the United States Court of Appeals for the Fifth Circuit. NACBA joined Alex Wathen in asking the Fifth Circuit to reverse the lower court ruling which restricts the employment discrimination protection in Section 525 of the Bankruptcy Code. The lower court ruled that private employers may deny employment to a prospective employee with as a little as a single bankruptcy while at the same time an employer may not terminate an employee who has filed twenty bankruptcies or otherwise discriminate against such an employee. Alex Wathen is arguing that his client with a single bankruptcy should also be protected from arbitrary discrimination under the plain language of the statute. NACBA joined in support of Alex Wathen’s client arguing that if the lower court ruling stands it would undermine the fresh start that debtors have under the Bankruptcy Code. The case is likely to be argued in New Orleans later this year once the Fifth Circuit has had time to study the briefs. NACBA’s amicus brief is available for viewing and download:
NACBA National Association of Consumer Bankruptcy Attorneys Amicus Brief
