IN RE BURNETT

No. 10-20250.

635 F.3d 169 (2011)

In the Matter of: Shani BURNETT, Debtor. Shani Burnett, Appellant, v. Stewart Title, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

March 4, 2011.


Attorney(s) appearing for the Case

Alexander B. Wathen (argued), Wathen & Associates, Houston, TX, for Burnett.

David Leslie Barron (argued), Epstein, Becker, Green, Wickliff & Hall, P.C., Houston, TX, for Appellee.

Tara Ann Twomey , San Jose, CA, for Nat. Ass'n of Consumer Bankruptcy Attys., Amicus Curiae.

Before KING, DeMOSS and PRADO, Circuit Judges.


KING, Circuit Judge:

Appellant Shani Burnett filed a complaint against Appellee Stewart Title, Inc., alleging that Stewart violated 11 U.S.C. § 525(b) when it refused to hire Burnett on the basis of her earlier bankruptcy filing. The bankruptcy court granted Stewart's motion to dismiss for failure to state a claim, holding that § 525(b) does not create a cause of action against private employers who discriminate in hiring on the basis of an applicant's bankruptcy...

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