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Union collection post-filing
Dear Stella,
The exceptions to the automatic stay are found in 362(b). On my reading of that subsection I do not find any safe harbor for the union. As long as you have a paper trail showing that you informed the union of the stay and the consequences of violating it, go ahead and seek relief under 362(k). You can start with an OSC motion, unless you have Judge Zurzolo. If he's your judge you'll want to use an adversary proceeding. If you want to farm it out, I'd be happy to do it.
Good luck,
Nick
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
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My Chapter 13 debtor owes frindge benefits to a union which he actually never received from the owner of a construction project. The union is going after him with full force. Post-filing, a division of a union filed a claim against the debtor's bond, put a stop notice on another of his construction jobs, been sending him numerous letters to audit him etc. The debtor is an emotional mess. He cannot work. I am ready to file a complaint for violation of the automatic stay. Am I missing something? Can a union do all this because it is like a mechanic's lien enforcement? I would think the union still has to issue a 546(d) notice before it starts engaging in all this collection activity.
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