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

Case No. Claim No. 300000720; ECF Doc. # 7818
Regular Panel Decision

In re MF Global Inc.

This case involves an objection by the SIPA Trustee of MF Global Inc. (MFGI) to a putative class claim filed by former employees for damages under the WARN Act and for unpaid accrued vacation time. The Court previously dismissed the WARN Act claims in related adversary proceedings (Thielmann I and II). The class claimants conceded their WARN Act claims were barred, leading the Court to sustain the Trustee's objection to those claims. However, the Court overruled the Trustee's objection to the claim for unpaid accrued vacation time, finding that the putative class claim satisfied the requirements for class certification under Federal Rule of Civil Procedure 23. The Court emphasized that allowing the vacation pay claim to proceed as a class action would result in the most expeditious administration of the MFGI estate, especially since the Trustee had conceded liability for vacation pay. The MFGI Class Claimants were directed to file a motion for class certification as soon as practicable.

BankruptcyClass ActionWARN ActVacation Pay ClaimsClass CertificationRule 23Claims ObjectionSIPA LiquidationEmployee BenefitsBar Date
References
27
Case No. ADJ3395089 (STK 0177203) ADJ2229380 (STK 0196966)
Regular
Apr 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Appeals Board initially proposed sanctions against attorney Michael Linn, Esq., mistakenly listing the service date for his objection period. Despite Mr. Linn filing objections on March 4th and April 6th/9th, which were not technically untimely based on the actual service dates, the Board granted him further opportunities to respond. Ultimately, the Board extended the deadline to May 20, 2009, for Mr. Linn to file any additional objections to the proposed $\$ 500.00$ monetary sanction, citing potential service discrepancies and aiming to avoid any appearance of prejudice.

Workers' Compensation Appeals Boardmonetary sanctionsnotice of intentiondue processservice date discrepancyobjection to sanctionsadditional timeCalifornia Code of Regulationsfurlough directivesstate holidays
References
2
Case No. MISSING
Regular Panel Decision

Matter of Kessler

William B. Kessler, Inc. (Kessler), a clothing manufacturer, filed for Chapter 11 bankruptcy. Kessler was party to collective bargaining agreements requiring contributions to a Multi-employer Pension Plan (MPP). Upon cessation of operations, a withdrawal liability became due to the Amalgamated Clothing and Textile Workers Union ('the Union'). The Union filed several claims for this withdrawal liability, seeking administrative priority status. Kessler objected, arguing that the withdrawal liability was based on pre-petition services and did not qualify as an administrative expense under Bankruptcy Code § 507(a)(1). The court sustained Kessler's objection, expunging duplicative claims and reclassifying the remaining withdrawal liability claim as a general unsecured claim, concluding it was not entitled to administrative status.

BankruptcyChapter 11Collective Bargaining AgreementMulti-employer Pension PlanMPPAWithdrawal LiabilityAdministrative ExpensesPriority ClaimsUnsecured ClaimsSeverance Pay
References
7
Case No. MISSING
Regular Panel Decision

In Re Lowe

This is a Chapter 7 bankruptcy case involving a Trustee's objection to the Debtor's claim of exemption for accrued funds from a General Motors-United Auto Workers profit-sharing plan. The central legal question was whether these funds qualify for exemption under New York's "opt-out" exemption statutes, specifically Debtor and Creditor Law § 282 or CPLR § 5205(c), or as a spendthrift trust under federal bankruptcy law. The Debtor presented six arguments, including claims of express statutory exemption, exclusion from the bankruptcy estate, and a cash exemption, along with arguments based on the de minimis amount and equitable considerations. The Court meticulously analyzed New York's convoluted exemption schema and ultimately rejected each of the Debtor's proposed arguments, emphasizing that exemptions must be statutory and cannot be created by the court. Consequently, the Court sustained the Trustee's objection, ordering the Debtor to turn over the profit-sharing funds to the Trustee.

BankruptcyExemption LawProfit Sharing PlanChapter 7Debtor and Creditor LawSpendthrift TrustERISAStatutory InterpretationTrustee ObjectionNew York Exemption Law
References
8
Case No. MISSING
Regular Panel Decision

In Re Episode USA, Inc.

Episode USA, Inc., a debtor in chapter 11 bankruptcy, guaranteed a non-debtor affiliate's lease. The affiliate defaulted, leading the landlord, L.H. Charney Associates, to file a claim against Episode. Episode objected to the claim, seeking to cap the unsecured portion under § 502(b)(6) of the Bankruptcy Code and expunge the administrative priority claim. The court sustained Episode's objection, ruling that the § 502(b)(6) cap applies to debtor-guarantors and that the administrative priority claim was not justified as Episode received no benefit from the lease. However, the court rejected Episode's argument for a reduction of the unsecured claim based on mitigation, citing New York law.

BankruptcyLease GuaranteeLandlord-Tenant LawClaim ObjectionSection 502(b)(6)Administrative Priority ClaimDebtor-in-PossessionUnsecured ClaimsLease TerminationGuarantor Liability
References
34
Case No. MISSING
Regular Panel Decision

Pereira v. Young (In Re Young)

This memorandum decision from the U.S. Bankruptcy Court for the Eastern District of New York addresses an adversary proceeding where John S. Pereira, the Chapter 7 trustee, sought to deny the debtor, Ginger Young, a discharge in bankruptcy. The Trustee raised objections under three sections of the Bankruptcy Code, alleging the debtor failed to keep adequate records, knowingly withheld information, and could not satisfactorily explain the loss of assets totaling approximately $140,000 from a property sale and IRA/pension withdrawals. Judge Elizabeth S. Stong considered the debtor's defense of being a victim of severe domestic and financial abuse, supported by expert testimony from Laura Boyd, MSW. The court found the debtor's explanation credible and justified her inability to produce complete financial records and account for the asset disposition due to the traumatic circumstances. Consequently, all of the Trustee's objections to the Debtor's discharge were denied.

BankruptcyChapter 7Debtor DischargeTrustee ObjectionsDomestic AbuseFinancial AbuseRecord KeepingAsset DispositionJustificationCredibility
References
46
Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. OAK 0317409
Regular
Feb 08, 2008

CHERRYLLE HATCHETT vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of an order changing venue because the order was not a final determination and the petition was unverified. However, the Board granted removal on its own motion and reversed the venue change, finding the employer's objection to the applicant's chosen venue in Oakland was untimely under Rule 10410. The employer had over two years to object to the Oakland venue after receiving notice of the case number, significantly exceeding the 30-day limit.

Workers' Compensation Appeals BoardOrder Changing VenuePetition for ReconsiderationRemovalLabor Code section 5501.5Labor Code section 5900Labor Code section 5902Appeals Board Rule 10410Untimely ObjectionVenue Site
References
0
Case No. ADJ8807200
Regular
Oct 24, 2014

RAFAEL ANGUIANO vs. NICK'S CABINET DOORS, ZURICH NORTH AMERICAN INSURANCE

This case involves a defendant's unverified Petition for Removal challenging a WCJ's order denying dismissal for lack of prosecution. The Appeals Board dismissed the defendant's petition due to the unverified filing. However, the Board granted removal on its own motion, rescinded the WCJ's prior order, and returned the case to the trial level. This action was taken because neither the applicant's attorney's objection nor the defendant's Declaration of Readiness to Proceed effectively activated the case for the purpose of avoiding dismissal under Rule 10582.

Petition for RemovalLack of ProsecutionRule 10582Declaration of Readiness to ProceedPetition to DismissNotice of Intention to DismissVerification DefectUnverified PetitionRescinded OrderReturned to Trial Level
References
2
Case No. ADJ6708769
Regular
Sep 20, 2012

MARTHA GARCIA vs. ROYAL CABINETS, SEABRIGHT INSURANCE CO.

This case involves a lien claimant, SAI Professional Services, seeking reconsideration of a WCJ's order dismissing its lien. The lien claimant argued it had filed an objection to the Notice of Intention to Dismiss, asserting they never received notice of the lien trial. The Board granted reconsideration, rescinded the dismissal order, and returned the matter to the WCJ. This was due to the WCJ appearing unaware of the lien claimant's timely filed objection, preventing the WCJ from considering its merits. The Board also advised the lien claimant that future unverified petitions would be dismissed.

Lien claimantReconsiderationOrder Dismissing LienNotice of Intention to DismissWCJPetition for ReconsiderationObjectionGood CauseVerificationRescind
References
1
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