Giles & Lambert Advocates for Consumer Rights in Landmark Fourth Circuit Case

Giles & Lambert, P.C. is proud to announce our participation in a pivotal case before the U.S. Court of Appeals for the Fourth Circuit: Goldman Sachs Bank USA v. Brown, No. 25-1439. This case addresses a critical question in consumer bankruptcy law—whether claims for willful violations of the automatic stay under 11 U.S.C. § 362(k) must be resolved through private arbitration or remain within the jurisdiction of the bankruptcy courts.

Firm founders Malissa L. Giles and Tracy A. Giles, alongside Thad Bartholow of Kellett & Bartholow, PLLC, represents the appellees, Rhea Ann Brown and Gregory Kevin Maze. Both clients allege that Goldman Sachs, issuer of the Apple Card, continued collection efforts on prepetition debts despite receiving clear notice of their bankruptcy filings—actions that constitute willful violations of the automatic stay.

The bankruptcy and district courts rightly denied Goldman Sachs’ motion to compel arbitration, affirming that such claims are central to the bankruptcy court’s authority and must not be outsourced to private arbitration.We are committed to upholding the integrity of the bankruptcy process and ensuring that consumer protections remain enforceable in federal court.

In support of our clients and the broader consumer bankruptcy community, the National Consumer Bankruptcy Rights Center (NCBRC) and the National Association of Consumer Bankruptcy Attorneys (NACBA) filed a powerful amicus curiae brief. The brief underscores the importance of § 362(k) as a tool for enforcing the automatic stay and protecting debtors from creditor overreach.

🔗 Read the full article from the NCBRC here: NCBRC and NACBA File Amicus Brief in the Fourth Circuit

At Giles & Lambert, we remain steadfast in our mission to protect the rights of consumer debtors and to ensure that the bankruptcy system works as Congress intended—for the people like you, our clients, who need it most.

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