In this case, a creditor proceeded to collect on judgment against garnishee defendant even though principal defendant filed Chapter 7 bankruptcy. The Court found no violation of automatic stay. Judgment against garnishee defendant was on debtor’s wages. Here, the creditor held a judgment against debtor and sought to collect the judgment with a garnishment on debtor’s wages. […]
Archive for Employees
Credit Union Employee – Sex Discrimination
Wadsworth Federal Credit Union was previously sued by a former assistant manager who alleged that she was terminated because of her gender and replaced by the all male board of directors with a male counter part. The woman discharged assistant manager had been a 10 year veteran employee at the credit union. Price initially filed […]
$100,000.00 Award to Employee
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 […]
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. […]
Constructive Discharge: Credit Union Violates Employee’s Rights
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 […]
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 CUMIS Insurance Society informed CACL that the bond for Heller had been revoked.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 […]
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 […]