Legal News for Credit Union Managers Since 1990

Archive for October, 2009

22
Oct
2009

No Stay Violation – Voluntary Payments

Here, the Chapter 13 debtors moved to hold Idaho Central Credit Union in contempt for allegedly violating the Bankruptcy Court’s automatic stay after the credit union froze members’ funds on deposit. Debtors also sought sanctions against the credit union for the alleged violation. The credit union responded by contending it did not violate the automatic […]

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19
Oct
2009

Bankruptcy Discharge Denied – Transfer of Assets

In this case, the debtor transferred his interest in his real estate to another individual within one year prior to filing for bankruptcy. Here, the debtor owned real estate that was listed for sale at the price of $389,000. The Bankruptcy Code requires a debtor to file with the Court any transfers of property made […]

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15
Oct
2009

Chapter 13 Confirmation Denied – Zero Percent to Unsecured Creditors

In this case, the debtor filed a Chapter 13 Bankruptcy proposing to repay his student loans in full, but also proposing to repay zero percent to other unsecured creditors. The debtor owed about $5,250.00 on unsecured student loans. He also had $19,415.00 in other unsecured loans. In this case, debtor’s student loans would not have […]

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  • Recently Posted Articles written by: Charels R. Harroun, Attorney at Law

    • Cashier Checks: Bank Liable to Credit Union
    • Member Disability Insurance Coverage Denied
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    • Cram-Down Plan Amendment Denied
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    • Debtor Denied Right of Rescission By Court
    • Bankruptcy Charitable Contributions Disallowed

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