Minneapolis Telco Credit Union violated employee rights with “constructive discharge” in violation of Credit Union Employee’s Civil Rights. In this case the appellate court affirmed a determination of the Commission of Civil Rights, finding that Minneapolis Telco Credit Union [Telco] violated its employee’s civil rights. Here, Deborah Witherspoon was employed at Telco when she learned that she had […]
Archive for Employees
Board Member Loses Suit Against Credit Union
In this case, John Heller was a member of the Board of Directors of CACL Federal Credit Union. CUMIS Insurance Society informed CACL that the bond for Heller had been revoked. Despite the loss of his bond and inability to find a replacement bond (as required by the NCUA), Heller ran for reelection […]
Member Disability Insurance Coverage Denied
In this case, the credit union brought an action alleging the defendant borrowed $6,000 and failed to repay the same. The credit union also produced a promissory note signed by the defendant (Shaham). Defendant purchased disability insurance at the inception of this loan and thereafter became disabled. The insurance company did not honor his claim […]
Member Loan Disability Insurance
In this case, Textron Lycoming Federal Credit Union brought an action alleging the defendant borrowed $6,000 and failed to repay the same. The credit union also produced a promissory Note signed by the borrower-defendant. Defendant purchased disability insurance at the inception of this loan and thereafter became disabled. The insurance company did not honor his […]
Credit Union Employee: Failure-to-Promote
Here, a Federal Court granted the credit union’s motion for summary judgment and dismissed Plaintiff’s claim that the credit union had discriminated against her by failing to promote her to a higher position. This case had traveled extensively throughout various federal courts and was previously sent back to this court from the U.S. Supreme Court. In […]
Automatic Wage Deposit Garnishment
In some states such as Texas, a debtor’s wages are generally not subject to garnishment. Here, however, this Texas debtor’s wages were directly deposited into the debtor’s account at I.B.M. Employees Southwest Federal Credit Union. A judgment creditor thereafter garnished debtor’s account at the credit union and debtor brought an action to dissolve the garnishment, […]
Preferential Transfer: Creditor Retains Debtor Garnishment Funds Received within 90-Days of Bankruptcy Filing
Creditor retains garnishment funds received within two weeks before debtor filed bankruptcy. Court ruled in this case that date garnishment was “served” on garnishee defendant placed garnished funds outside of 90-day window for Trustee to set aside transfer to creditor. Here, the bankruptcy trustee sought to compel First of America Bank to return garnishment funds received […]
State Wage Garnishment Valid For Other States
In this case the Court decided that a garnishment issued on the debtor’s wages would be valid even though the debtor moved to another state. Here, a judgment was entered against the debtor in Kentucky. At the time of entry of that judgment, the debtor resided in Kentucky. Thereafter, debtor moved to North Carolina. After […]
Nondischargeable Judgment Garnishment: No Automatic Stay Violation
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 […]
Credit Union Treasurer Liability
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 […]