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American Wagering v. Racusin

9th CircuitJune 27, 2007No. 05-15969
Plaintiff WinAmerican Wagering, Inc.$2,310,000 awarded
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The Ninth Circuit reversed the Bankruptcy Appellate Panel and held that Racusin's claim, based on a pre-bankruptcy money judgment for breach of contract, is a creditor claim rather than a subordinatable equity claim under 11 U.S.C. § 510(b).

What This Ruling Means

**What Happened** This case involved Robert Racusin, who had won a court judgment against his former employer, American Wagering, Inc., for breach of contract worth $2.3 million. The dispute arose when American Wagering later filed for bankruptcy. During bankruptcy proceedings, the company tried to argue that Racusin's claim should be treated as a low-priority "equity claim" rather than a regular creditor claim, which would have meant he'd get paid much less (or possibly nothing) from the bankruptcy. **What the Court Decided** The Ninth Circuit Court of Appeals ruled in favor of Racusin. The court determined that his $2.3 million breach of contract judgment should be treated as a regular creditor claim, not a subordinated equity claim. This means Racusin has a much better chance of recovering the money owed to him during the bankruptcy process. **Why This Matters for Workers** This ruling protects employees who win breach of contract cases against their employers. When a company goes bankrupt, this decision helps ensure that workers' contract claims maintain their priority status and aren't unfairly downgraded. Workers can feel more confident that court-ordered judgments for employment contract violations will be respected even if their former employer later declares bankruptcy.

This summary was generated to explain the ruling in plain English and is not legal advice.

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