Central District Consumer Bankruptcy Attorney's Association

How about "critical vendor"/"doctrine of necessity"? 363(b)?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
On Tue, Oct 18, 2016 at 9:22 PM, Holly Roark wrote:
> Is there any other authority to request immediate payment of prepetition
> "wages" with my cash collateral motion other than under 507(a)(4)(A), or
> (B)?
>
> This is an Idaho case:
>
> Debtor's 4 truck drivers may not fit neatly into statute but if not paid
> on past due wages immediately, may walk!
>
> 3 drivers - declared employees by North Dakota for work comp purposes; but
> actually 1099'd like independent contractors.
> - "would" fit under 507(a)(4)(B) but for the fact that they
> haven't worked solely for Debtor for last 12 months, so don't fit the 75%
> rule, however, not working for anyone else since Aug/Sept this year.
> Driving solely for Debtor now. Each owed @ $2K.
>
> 1 driver - important because he brings in business, works for multiple
> companies; Debtor is likely not 75% of his income. BUT this driver brings
> in the business and Debtor gets 10% of each contract. Driver owed $15K on
> date of petition. Necessary to business. Can bring in contracts.
>
> What is my additional legal authority to get these guys paid ASAP with
> this cash collateral motion tomorrow?
>
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> *Central District of California & District of Idaho* - Consumer
> Bankruptcy Attorney
> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
> T (310) 553-2600; F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
>
How about "critical vendor"/"doctrine of necessity"? 363(b)?Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067T (310) 553-2600; F (310) 553-2601

The post was migrated from Yahoo.

Is there any other authority to request immediate payment of prepetition
"wages" with my cash collateral motion other than under 507(a)(4)(A), or
(B)?
This is an Idaho case:
Debtor's 4 truck drivers may not fit neatly into statute but if not paid on
past due wages immediately, may walk!
3 drivers - declared employees by North Dakota for work comp purposes; but
actually 1099'd like independent contractors.
- "would" fit under 507(a)(4)(B) but for the fact that they
haven't worked solely for Debtor for last 12 months, so don't fit the 75%
rule, however, not working for anyone else since Aug/Sept this year.
Driving solely for Debtor now. Each owed @ $2K.
1 driver - important because he brings in business, works for multiple
companies; Debtor is likely not 75% of his income. BUT this driver brings
in the business and Debtor gets 10% of each contract. Driver owed $15K on
date of petition. Necessary to business. Can bring in contracts.
What is my additional legal authority to get these guys paid ASAP with this
cash collateral motion tomorrow?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
Is there any other authority to request immediate payment of prepetition "wages" with my cash collateral motion other than under 507(a)(4)(A), or (B)?This is an Idaho case:Debtor's 4 truck drivers may not fit neatly into statute but if not paid on past due wages immediately, may walk!3 drivers - declared employees by North Dakota for work comp purposes; but actually 1099'd like independent contractors. - "would" fit under 507(a)(4)(B) but for the fact that they haven't worked solely for Debtor for last 12 months, so don't fit the 75% rule, however, not working for anyone else since Aug/Sept this year. Driving solely for Debtor now. Each owed @ $2K.1 driver - important because he brings in business, works for multiple companies; Debtor is likely not 75% of his income. BUT this driver brings in the business and Debtor gets 10% of each contract. Driver owed $15K on date of petition. Necessary to business. Can bring in contracts.What is my additional legal authority to get these guys paid ASAP with this cash collateral motion tomorrow?Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067T (310) 553-2600; F (310) 553-2601

The post was migrated from Yahoo.