Mohammed v. Great Atlantic & Pacific Tea Co., Inc.

Summarized by Nancy Kourland , Rosen & Associates, P.C.
10 years 8 months ago

Citation:

Case No. 14-3415 (2d Cir. June 10, 2015)

Tag(s):

Ruling:

In Mohammed v. Great Atlantic & Pacific Tea Company, Inc., the Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the Southern District of New York granting Defendant-Appellee Great Atlantic & Pacific Tea Company, Inc.’s motion to dismiss Mohammed’s an action commenced post-confirmation based on a pre-confirmation employment discrimination claim. The District Court held that the confirmation order entered in A & P’s chapter 11 case discharged and released A & P from all of Mohammed’s discrimination claims because they arose prior to the effective date of A & P’s plan of reorganization and Mohammed failed to file a proof of claim despite having received notice received of the effective date. The Court of Appeals for the Second Circuit also affirmed the District Court’s ruling that Mohammed failed to establish why A & P, which is a corporation, is subject to the discharge exemption of section 523 of the Bankruptcy Code, which applies only to “individuals.”

Procedural context:

Appeal from a decision of the United States District Court for the Southern District of New York.

Facts:

Plaintiff-Appellant commenced a post-confirmation employment discrimination action notwithstanding the fact that the claims arose pre-confirmation and were discharged.

Judge(s):

Wesley, Hall, and Lohier

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