ERISA Lien
Posted: Wed Mar 06, 2013 6:17 pm
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
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