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Butz v. People First Federal Credit Union (In Re Butz)

PAMBMarch 30, 2011No. Bankruptcy No. 5-10-bk-03458 RNO. Adversary No. 5-10-ap-00249 RNOCited 5 times
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Case Details

Judge(s)
Robert N. Opel
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
summary judgment

Related Laws

No specific laws identified for this ruling.

Outcome

The bankruptcy court granted the plaintiff's motion for summary judgment, finding that the credit union willfully violated the automatic stay by sending a past-due statement demanding payment on a pre-petition debt. A hearing will be held to determine damages.

What This Ruling Means

**Butz v. People First Federal Credit Union: Bankruptcy Protection Victory** **What Happened:** Employee Butz filed for bankruptcy, which legally requires all creditors to stop trying to collect debts that existed before the bankruptcy filing. Despite this legal protection, Butz's employer, People First Federal Credit Union, continued sending past-due notices demanding payment on a debt from before the bankruptcy was filed. **What the Court Decided:** The bankruptcy court ruled in favor of Butz, finding that the credit union deliberately violated bankruptcy law by continuing collection efforts after being legally required to stop. The court granted summary judgment, meaning the violation was so clear that no trial was needed. A separate hearing was scheduled to determine what damages the credit union must pay for breaking the law. **Why This Matters for Workers:** This case reinforces that when workers file for bankruptcy, their employers cannot ignore the legal protections that come with it. Even if you owe money to your employer, they must follow the same bankruptcy rules as any other creditor. Employers who continue collection efforts after a bankruptcy filing can face legal consequences and may have to pay damages for violating federal bankruptcy law.

This summary was generated to explain the ruling in plain English and is not legal advice.

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