Excessive gambling debts result in nondischargeable debt. Here, FCC National Bank, and several other creditors, objected to the debtor’s bankruptcy on the basis that the debtor borrowed money without any ability or intention to repay the debts. Prior to the filing of bankruptcy, the debtor withdrew $40,000.00 from a trust account. She gave away $20,000.00 […]

CREDIT UNION HELD LIABLE ON BREACH OF CONTRACT WITH INSURANCE AGENT In the case of Tom Winfree vs. Educators Credit Union [of Tennessee] and Credit Union Services Organization of Middle Tennessee, Inc., Tom Winfree filed a complaint against Educators Credit Union (hereinafter ECU) and its wholly-owned Credit Union Services Organization of Middle Tennessee, Inc. (hereinafter […]

An Illinois Court held wage assignment, unlike a garnishment on debtor’s wages, unconditionally vested creditor’s rights. In this case, the debtor sought a return of $546.93 that had been withheld from his wages pursuant to a voluntary wage assignment and paid to Mercury Finance Co. (“creditor”) prior to his filing a Chapter 13 bankruptcy. Here, debtor’s […]

A Chapter 7 debtor brought an action against Security Federal Credit Union, alleging discrimination and violation of the automatic stay.   The bankruptcy court held that:   (1) termination of debtor’s member services at the credit union was not discrimination; (2) an administrative freeze on debtor’s account did not violate the automatic stay; (3) credit […]

Here, Debtors’ Bankruptcy was Dismissed for Substantial Abuse by the Debtors. In this case, the Chapter 7 bankrupts filed their estimated monthly budget with the bankruptcy court, which included a $350 contribution to their church. The court found that such a large monthly contribution by the debtors to their church each month constituted an abuse of […]

Here, William Lowrence alleged that he was injured when he slipped and fell on ice on the sidewalk outside the credit union. The sidewalk was owned by the City of Kenosha and not by the credit union. The credit union, however, allegedly customarily engaged in snow removal practices on this sidewalk to comply with a city […]

In this case, the court addressed the issue as to whether a bank’s policy of refusing to hire college graduates violated the law prohibiting discrimination based on age. Here, Sol Stein was 58 years old and a college graduate. The bank had a policy not to hire college graduates for certain positions. Mr. Stein applied […]

Most of our fifty States have adopted the Uniform Commercial Code (UCC), which prescribes the method for a creditor to perfect security interests in collateral. Credit unions utilize the UCC filing provisions to perfect their security interest in items pledged as collateral on a loan, such as on a vehicle. Once a creditor files the […]

In this case, debtor filed a Chapter 7 bankruptcy seeking to discharge his unsecured obligations. The debtor listed over $55,000 of unsecured debts on his bankruptcy schedules, including a $9,500 loan from a credit union. The bankruptcy Trustee reviewed debtor’s monthly budget and found that debtor could afford to repay some of his obligations (such […]

In some states, a debtor’s wages are generally not subject to garnishment. Here, however, 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, arguing that the funds in […]