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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. MISSING
Regular Panel Decision

In Re Lyondell Chemical Co.

Mrs. Regina Jahnke sought administrative expense status under Bankruptcy Code Section 1114 for payments due under a prepetition private annuity contract from Lyondell Chemical Company, the successor to her late husband's employer, ARCO Chemical Company. Lyondell contended that the contract was not covered by Section 1114, arguing that the payments were general unsecured claims. The Court, presided over by Bankruptcy Judge Robert E. Gerber, agreed with Lyondell. The Court found that the contract did not qualify as a "plan, fund, or program" under ERISA standards, and furthermore, the benefits were not "retiree benefits" as defined in Section 1114(a). Therefore, Mrs. Jahnke's motion for administrative status was denied, and her claim remained a general unsecured claim.

BankruptcyAdministrative Expense StatusRetiree BenefitsAnnuity ContractEmployee Retirement Income Security Act (ERISA)Chapter 11Unsecured ClaimsContract LawCorporate SuccessionJudicial Interpretation
References
17
Case No. MISSING
Regular Panel Decision
May 06, 2004

In Re CEI Roofing, Inc.

This case concerns an emergency motion filed by CEI Roofing, Inc. and its affiliated debtors, undergoing Chapter 11 bankruptcy, to authorize the payment of pre-petition employee wages and benefits. The motion, seeking relief under Sections 105(a) and 363(b) of the Bankruptcy Code, was granted by Judge Harlin D. Hale. The court permitted the debtors to pay employee payroll obligations and maintain various benefit programs, including health plans, retirement benefits, and workers' compensation. The decision emphasized the necessity of these payments for preserving the debtors' going-concern value and was supported by the consent of the secured creditor, aligning with the Bankruptcy Code's priority scheme for such claims.

Chapter 11Emergency MotionEmployee ObligationsWage ClaimsBenefit ProgramsPriority ClaimsCash CollateralGoing Concern ValueBankruptcy Code SectionsCritical Vendors Doctrine
References
8
Case No. MISSING
Regular Panel Decision

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
Case No. No. 06-03609, No. 06-03654
Regular Panel Decision

Padilla v. Wells Fargo Home Mortgage, Inc. (In Re Padilla)

This case addresses how the Bankruptcy Code and Federal Rules of Bankruptcy Procedure affect a mortgage lender's right to collect 'Reimbursable Expenses' in Chapter 13 bankruptcy cases. The Court examined the collection of such expenses both pre- and post-confirmation of a Chapter 13 plan. It held that Bankruptcy Rule 2016(a) governs the collection of these expenses by mortgage lenders in Chapter 13 cases, both pre and post-confirmation. The Court determined that while Section 506(b) limits pre-confirmation expenses for oversecured creditors, it does not apply post-confirmation. Furthermore, the Court found that failure to comply with Rule 2016(a) or the imposition of unauthorized expenses would entitle a debtor to relief, but that such conduct does not violate the automatic stay. The cross-motions for partial summary judgment were denied due to insufficient evidence regarding actual collection of disputed charges.

Bankruptcy LawChapter 13Mortgage ServicingReimbursable ExpensesAttorney FeesBankruptcy ProcedureRule 2016(a)Section 506(b)Plan ConfirmationAutomatic Stay
References
86
Case No. MISSING
Regular Panel Decision

Owens Corning v. Carter

This case involves consolidated direct appeals to the Texas Supreme Court concerning the constitutionality of several sections of the Texas Civil Practice and Remedies Code: 71.031(a)(3) (borrowing statute), 71.051 (forum non conveniens), and 71.052(b) and (c) (asbestos claim dismissal provisions). Alabama plaintiffs challenged these sections on various constitutional grounds, including retroactivity, open courts, privileges and immunities, equal protection, and special laws. The trial court's judgment was affirmed regarding the constitutionality of section 71.051, which does not violate the Privileges and Immunities Clause. However, the Supreme Court reversed the trial court's findings on sections 71.031(a)(3), 71.052(b), and 71.052(c), holding that they do not violate any asserted constitutional provisions and instructed the trial court to vacate related injunctions.

Constitutional LawTexas Civil Practice and Remedies CodeAsbestos LitigationForum Non ConveniensBorrowing StatuteRetroactivityPrivileges and Immunities ClauseEqual Protection ClauseSpecial LawsStatutory Interpretation
References
55
Case No. MISSING
Regular Panel Decision

Ochs v. Nemes (In Re Nemes)

The Trustee, Martin P. Ochs, initiated an adversary proceeding against the Debtor, Menachem M. Nemes, seeking to deny his Chapter 7 discharge under various sections of the Bankruptcy Code, primarily 727(a)(3) for failure to keep adequate records and 727(a)(5) for failure to explain asset deficiency. The Trustee filed a motion for summary judgment on these two causes of action. The Debtor argued his failure to maintain records was justified due to his limited education, low income, and lack of intent to declare bankruptcy, as well as living in a small apartment. The Court found the Debtor's justifications unpersuasive, noting his consistent employment, rabbinical degree, and operation of a counseling business, which countered the claim of unsophistication. The Court determined that the Debtor's incomplete credit card records, accounting for over two-thirds of his substantial unsecured debt, prevented the Trustee from ascertaining his financial condition. Consequently, the Court granted the Trustee's motion for summary judgment on the first cause of action, denying the Debtor's discharge under Section 727(a)(3) of the Bankruptcy Code.

BankruptcyChapter 7Discharge DenialSummary JudgmentFinancial RecordsDebtor's DutyRecord KeepingJustificationUnsecured DebtTrustee's Motion
References
30
Case No. MISSING
Regular Panel Decision

In the Interest of C.M.D.

LDS Family Services, a private adoption agency, appealed a trial court's sua sponte ruling that Texas Family Code section 161.002(b) is unconstitutional. This section allows for termination of parental rights without notice if an alleged father does not register with the paternity registry or take other steps to protect his rights. The case involved C.M.D., whose mother sought adoption and provided an affidavit indicating the father had not shown interest or support. The trial court deemed the statute unconstitutional on due process and equal protection grounds. The appellate court reversed and remanded, ruling that the trial court's determination of unconstitutionality was not supported by the evidence, as no actual injury was shown to the unnamed father in this specific case, and an absence of evidence cannot overcome the presumption of constitutionality.

Adoption LawParental Rights TerminationPaternity RegistryConstitutional LawDue ProcessEqual ProtectionAppellate ReviewStatutory InterpretationTexas Family CodeUnwed Fathers
References
26
Case No. MISSING
Regular Panel Decision

Teel v. Shifflett

The concurring opinion by Justice Leslie B. Yates addresses the appellant, Teel's, challenge to the constitutionality of Texas Family Code sections 81.001 and 85.001. Teel argued for a right to a jury trial before a protective order is issued, citing Article V, Section 10 of the Texas Constitution. Justice Yates concurs with the majority, affirming the constitutionality of the statutes. She highlights the conflict between the 14-day hearing requirement for protective orders and the 30-day notice for jury trial requests. The opinion emphasizes the legislature's intent to ensure timely issuance of protective orders for the protection of individuals, concluding that this priority does not violate constitutional guarantees. Teel's first issue is overruled.

Texas Family CodeProtective OrdersJury TrialConstitutional LawFamily ViolenceStatutory InterpretationAppellate ProcedureJudicial ReviewTexas Constitution Article V Section 10Texas Constitution Article I Section 15
References
8
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
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