Note, however, that State Fund is a quasi governmental insurer of last
resort for workers' comp -- while it's super expensive, employers often
have no other choice to get workers' comp coverage except State Fund.
Query if this would be tantamount to bankruptcy discrimination...
On Mon, Nov 9, 2015 at 5:23 PM,
jesseelaw@aol.com [cdcbaa] wrote:
>
>
> Where is the attempt to collect the discharged debt that constitutes
> a violation of the discharge injunction? Why do you think the corporation
> has some inherent right to be issued insurance from State Fund that makes
> denial discriminatory treatment under Section 525(a)?
>
> Obviously the corporation is a different entity from the debtor, but I
> surmise because your client is the principal that State Fund does not want
> to risk being stuck with another loss from the debtor's potential financial
> mismanagement. State Fund has every right to decline issuing an
> insurance policy now based upon the prior loss. Sounds akin to applying
> to a credit card issuer for a new card after stiffing them for a loss in
> the prior Chapter 7. The credit issuer has every right to make a risk
> management analysis and decline the request. It's no different here with
> State Fund.
>
> The corporation should simply apply to other workers compensation carriers.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
> In a message dated 11/9/2015 4:19:49 P.M. Pacific Standard Time,
>
cdcbaa@yahoogroups.com writes:
>
>
>
> Listmates,
>
> Client filed Ch7 in 2010, obtained discharge from all personal liability
> including State Fund for $65k (who did receive notice)
>
> He recently incorporated (2011) and attempted to obtain workers comp
> insurance from the State Fund.
>
> They declined on the basis that he still owed the $65k!
>
> It seems to me theyre willfully violating 524(a)(3) and 525(a).
>
> Is there some reason they can make him pay before they give him insurance,
> or should I just file my motion for OSC.
>
> Whats been your collecti ve experience with them?
>
> Gerry
>
> [image: McNally Bus Card Smaller]
>
> Gerald McNally
>
> McNally & Associates, P.C.
>
> 517 East Wilson Ave., Ste 104
>
> Glendale, CA 91206
>
> 818.507.5100
>
> Fax: 818.507.5001
>
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Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
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Note, however, that State Fund is a quasi governmental ins
The post was migrated from Yahoo.