Here, the court addressed the issue as to whether a job applicant was discriminated against due to the applicant’s obesity. In this case, the job applicant applied for a position with the employer and was rejected due to her obese weight. The medical profession considers a person morbidly obese if the individual weighs either more […]
Archive for August, 2025
Michigan Supreme Court: Secured Loan Loss Payable Clause
The Michigan Supreme Court has held that the Credit Union is protected as a secured party under the “loss payable” clause of an insurance policy, even if the Credit Union member burned the collateral and made false statements to the insurance company on its claim of loss. Here, the Credit Union member executed an installment note with State Employees Credit Union secured […]
Fraudulent Mortgage Application
In this case, two debtors applied for and closed on a mortgage with American General Finance, Inc. (hereinafter “American General”). The debtors represented to American General that they only had one mortgage on their residence. American General intended to grant the debtors a loan secured by a second mortgage; American General obtained a title search […]
Employee Discrimination: Failure to Promote
Discrimination Suit awards five-years wages to employee for wrongful discrimination against employee. Here, an employee of Peoples National Bank of Washington prevailed in a discrimination action against the bank for failure to promote the employee. The employee was a Cambodian born and highly educated individual. The employee had special training in speaking English, served in the U.S. […]
Waiver of Right to Rescind Reaffirmation Agreement Unenforceable
Bankruptcy Court Sets Aside Agreed Waiver of Right to Rescind Reaffirmation Agreement as being unenforceable. In the Case of Dustin M.J. Vaupel and Aimee D. Vaupel, Debtors, after the Debtors entered into a Reaffirmation Agreement with Collins Community Credit Union, both the parties agreed to Waive the Debtors Right to Rescind the Reaffirmation Agreement. Here, the […]
Worthless (NSF) Checks Constitute Fraud
Here, the U.S. Bankruptcy Court held that a debtor’s issuance of some $8,784.00 of worthless non-sufficient fund (NSF) checks would be nondischargeable in bankruptcy. In this progressive case for creditors, the court found that debtor’s tender of five nonsufficient fund checks (NSF) constituted fraud by the debtor. The debtor tendered said checks to Supercom in exchange for debtor’s […]
Discharge Denied: Joint Ownership of Assets
In this case, the bankruptcy court dismissed debtor’s Chapter 7 bankruptcy after discovering the debtor had previously titled his property jointly with his wife, who did not file bankruptcy. The debtor sought to keep all of his property through the joint ownership with his wife and utilization of the Bankruptcy Code exemptions. Although the bankruptcy […]