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 […]
Archive for Employees
CUSO Employee Contracts Enforced
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 […]
Uniform Commercial Code (UCC) – Early Continuation – Statement Extinquishes Lien
The Uniform Commercial Code(UCC), under which most States operate, dictates that the filing of a financing statement by a creditor is effective for only five years from the date the statement was filed. Thereafter, the debt becomes unsecured. In the event the creditor desires to extend its security interest, the creditor must file a “continuation […]
Fair Debt Collection Practices Act (FDCPA); Third Party Communication Prohibited
The Fair Debt Collection Practices Act (FDCPA) prohibits a debt collector from communicating with third parties, such as a debtor’s employer, and conveying information concerning the debt. Here, an attorney sent a letter to debtor demanding payment to be made within 72-hours, and sent a copy of the letter to debtor’s employer. The […]
Collateral: Embezzled Funds
Credit Union Board Member and Manager Pledged Embezzled Funds as collateral for Credit Union loan. Rebecca Caldwell was the manager, secretary and treasurer of Avondale Mills Bevelle Employees Federal Credit Union. She also served on the credit union’s Board of Directors. Caldwell took a blank Certificate of Deposit from the credit union and directed […]
Negligent Representation: Credit Union Liability – Credit Life Insurance
A Supreme Court of Rhode Island opinion held a credit union liable to its member for the credit union’s negligent misrepresentation to the member regarding life insurance on the member’s loan. …[H]ere, the Court held that the credit union’s loan officer had misled the debtor upon inception of the loan by representing that there was life […]
Credit Union Board-Member Suit Dismissed
Court dismissed a suit brought in this action against a credit union for discharging its President and CEO. In this case, Nevada Federal Credit Union held a regularly scheduled meeting and voted 5-2 not to renew the employment contract of Robert Street, its then President and CEO. After obtaining legal advice, a second meeting was […]
Age Discrimination Award: $165,000.00
Here, a jury verdict was entered in favor of Barbara Carle (Carle), a former manager of McChord Credit Union, for wrongful discharge based upon age discrimination. The jury awarded the former manager $100,000.00 for age discrimination, another $18,000.00 for negligent infliction of mental distress and more than $47,000.00 in attorney fees. Barbara Carle was a […]
Wrongful Discharge: Credit Union Employee
In this case, the court dismissed a wrongful discharge action against the credit union. Here, P. Douglas Maier filed suit against the credit union alleging that he had been terminated from his employment at the credit union due to the fact that he is one-quarter Native American. Maier was initially employed at the credit […]
Nondischargeable Loans to Bank Employee
Here, the bankruptcy debtor was employed by the First Heritage National Bank. Prior to debtor’s employment at First Heritage, he was employed at an affiliated bank as a loan officer, supervised employees, approved customer checks and generally managed the day-to-day business of the bank. The debtor-employee borrowed money from First Heritage on several occasions. Although all of […]