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Claim Which Accrued Before Bankruptcy

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Bercy v. City of Phoenix (9th Cir. 2024) 103 F.4th 591

Plaintiff alleged a hostile work environment claim against her employer, alleging a single course of harassing behavior over a two year period that began before she filed her bankruptcy petition and ended afterwards. Because plaintiff could have brought the claim before bankruptcy, the entire claim, including the post-bankruptcy damages, were property of the bankrupt estate and could be prosecuted only… Read More