In this case, an Ohio Bankruptcy Court held that a creditor’s lien noted on an automobile’s certificate of title had priority over a subsequent artisan’s lien obtained by a repair shop. Here, the debtors pledged their automobile as security for a loan. The lien was properly placed on the vehicle’s title. Thereafter, the vehicle was repaired […]

Here, Progressive Credit Union was held liable for more than $158,000.00 when the credit union granted a secured loan to a member and did not pay off a prior lienholder.  The appellate court found the credit union liable to the former lienholder. When Progressive Credit Union granted this loan, it searched the county and state lien records and […]

Here, Dutch Point Credit Union’s perfected security interest was extinquished upon the sale its collateral by a automobile repair facility.    The credit union granted a loan secured by debtor’s Datsun automobile. The credit union properly placed its lien on the vehicle. After the loan was granted, the vehicle was in an accident during the same year.   […]

In this case, the Federal Court held that a guarantor on a loan is not excused from liability even when the principal debtor files bankruptcy. Here, an obligation to the creditor was guaranteed by another party. The principal debtor filed bankruptcy and proposed to “cram down” the obligation to the creditor. Creditor filed an action against the guarantor […]

Creditor with nondischargeable judgment may garnish debtor without violating bankruptcy automatic stay.   In the case of In re Embry, the court held that a creditor holding a nondischargable judgment against a debtor may garnish debtor’s assets even though the bankruptcy stay is in effect and the debtor has not been granted a discharge from the […]

Chapter 7 Bankruptcy Dismissed for Substantial Abuse and Bad Faith filing due to Debtors’ Excess Income.  Debtors’ excess estimated income over expenses defeated debtor’s Chapter 7 Bankruptcy.  Here, debtors’ bankruptcy schedules identified their residence as valued at $80,000, with two mortgages totalling $77,000. Debtors also listed two vehicles valued at $40,000, with secured liens of approximately $46,000 against […]

In this case, Grand Union Mount Kisco Employees Federal Credit Union filed an action against Sydney Kanaryk, its former treasurer, and sought to compensate the credit union for losses allegedly caused by that treasurer’s fraud and misfeasance. Stanley Kanaryk had been employed by Grand Union Mount Kisco Employees Federal Credit Union (“Grand Union”) as its […]

In this case, debtor filed a Chapter 13 case which sought to discharge, among other debts, an obligation that was previously held nondischargeable in a Chapter 7 bankruptcy filed several years earlier.   The debt that was found to be nondischargeable in the Chapter 7 case was due to a check written by the debtor […]

Here, the debtor, a physician, borrowed money from the bank and promised to secure that loan with a pledge of a $50,000 bond that the debtor could not locate at the time of the loan. The bank agreed to loan the money as long as Dr. Bercier brought in the bond at a later date […]

In this case, the Court addressed whether several employment contracts entered into between the Credit Union and its CUSO were enforceable. Here, the Credit Union desired to sell disability insurance to its members, but the regulations for federal Credit Unions prohibits any activity of this nature for profit. Hence, the Credit Union formed a CUSO […]