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Publication Date

7-1977

Document Type

Survey Article

Abstract

The Court of Appeals for the Fifth Circuit decided few cases involving the Bankruptcy Act in 1976. Of these, only nine merit special attention. The right to file a bankruptcy petition without being fired was the subject of McLellan v. Mississippi Power & Light Co. Nothing in the U.S. Constitution or the Bankruptcy Act prohibits an employer from firing an employee who files a voluntary bankruptcy petition. The McLellan case, however, held that a plaintiff states a claim for relief under the Civil Rights Act of 1861 by alleging that his employer deprived him of his civil rights by firing him after he filed a voluntary bankruptcy petition.

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