An individual who did not file a timely notice with the bankruptcy court cannot be considered a creditor of a company even if the debtor lists his or her potential claim on its schedule of liabilities and statements of financial affairs, a federal judge has ruled. The decision prevents a plaintiff who pursued discrimination claims against a formerly bankrupt company from collecting damages.
Joseph Rubino filed a 2008 lawsuit in the U.S. District Court for the Northern District of California alleging employment discrimination claims against ACME Building Maintenance Inc., the GCA Services Group of Texas L.P., Spansion Inc., the California Department of Industrial Relations and the California Department of Fair Employment and Housing. Rubino contended that Spansion, a Sunnyvale, Calif., flash-drive manufacturer, discriminated against him on the basis of race when he was not hired to be a general mechanic. All of the defendants denied the allegations.
