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ERISA Lien

Posted: Wed Mar 06, 2013 6:17 pm
by Yahoo Bot

The debtor is a member of SAG/AFTRA. She has health insurance through them.
When she was injured in a severe accident, SAG/AFTRA filed a lien on the
proceeds of her recovery. Because it is a union, it has filed an ERISA lien
for the recovery of the moneys that they had paid out on her behalf. I just
read that the 9th Circuit in CGI v. Rose found that ERISA lien provider
cannot take the injured party's entire recovery because that would be
inequitable. I am wondering if I can avoid the lien on her personal injury
recovery at least in part because it would inequitable for SAG/AFTRA to take
all the money and leave her with nothing.
Stella

The post was migrated from Yahoo.

ERISA Lien

Posted: Wed Mar 06, 2013 6:05 pm
by Yahoo Bot

Stella:
I do not know what you mean by an ERISA lien. Could you post a copy.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

ERISA Lien

Posted: Wed Mar 06, 2013 5:01 pm
by Yahoo Bot

My debtor has a pending PI case in which her medical provider filed an ERIA lien for reimbursement of the debtor's medical bills. Is this one of those statutory liens that I cannot avoid and discharge or is this lien dischargeable.
Stella

The post was migrated from Yahoo.