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Fringe Benefits
Everything sounds dischargeable, but client may want to talk to a very
experienced labor lawyer who is familiar with union contracts. I know such
a person if you are interested.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Jim Selth
Sent: Friday, June 18, 2010 9:21 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Fringe Benefits
I don't see anything in your fact pattern which would make the obligation
nondischargeable. Whether or not it is reduced to judgment does not change
the analysis, assuming no findings of fact which support
nondischargeability.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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I don't see anything in your fact pattern which would make the obligation nondischargeable. Whether or not it is reduced to judgment does not change the analysis, assuming no findings of fact which support nondischargeability.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
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Help - the Plumbers Union has audited PC 2005 and determined that PC owes $60,000 in fringe and retirement benefits to the union.
2005 was during the boom and PC was sent men from the union that were not PIPE certified, a breach of the union agreement. PC was told to use these "unqualified" men for a few weeks, keep if they were good and fire if they were not, and not worry about paying the benefits. PC states the union rep admits to saying this but also states that he will deny saying this on the record. The union board says whether the men were "qualified" or not is irrelevant. PC has been litigating this matter for 1 - 2 years now.
PC has also experienced dramatic decrease in income, the competition for commercial union jobs is fierce and low ball bidder is taking all. PC has lost home to foreclosure and is liquidating assets.
Union's case is against PC's business (Inc); PC Spouse (bookkeeper) and PC Debtor (Plumber/Owner).
The entire stipulated judgment (which isn't signed yet) is around 90,000 with attorney fees and liquidated damages.
Question:
1. These type of fringe benefits - non dischargeable?
2. can the attorney fees & damages go away if the fringe benefits are non dischargeable?
3. The stip specifically states no fraud - so no dischargeablity based on fraud problems
4. If this is reduced to judgment does it change the character from non dischargeable to dischargeable judgment?
Thanks for your help in advance. See you Saturday. Catherine
Law Office of Catherine Christiansen
1077 E Pacific Coast Hwy #210
Seal Beach, CA, 90740
Tel: (562) 361-8721
Fax: (562) 490-8572
attorneychristiansen@gmail.comThis e-mail is private and confidential and is intended solely for the recipient(s) named or otherwise identified herein. If you are not named or otherwise identified as an intended recipient, please delete this e-mail message and any copies thereof and immediately notify Christiansen Law Offices by e-mail or by telephone (562)608-8368. ion, Christiansen Law Offices does not represent you, and this email does not contain anylegal advicefor you. NOTICE: We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws.We assist people with finding solutions to their debt problems,including filing petitions for relief under the Bankruptcy Code
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Help - the Plumbers Union has audited PC 2005 and determined that PC owes $60,000 in fringe and retirement benefits to the union. 2005 was during the boom and PC was sent men from the union that were not PIPE certified, a breach of the union agreement. PC was told to use these "unqualified" men for a few weeks, keep if they were good and fire if they were not, and not worry about paying the benefits. PC states the union rep admits to saying this but also states that he will deny saying this on the record. The union board says whether the men were "qualified" or not is irrelevant. PC has been litigating this matter for 1 - 2 years now. PC has also experienced dramatic decrease in income, the competition for commercial union jobs is fierce and low ball bidder is taking all. PC has lost home to foreclosure
and is liquidating assets. Union's case is against PC's business (Inc); PC Spouse (bookkeeper) and PC Debtor (Plumber/Owner).The entire stipulated judgment (which isn't signed yet) is around 90,000 with attorney fees and liquidated damages. Question:1. These type of fringe benefits - non dischargeable?2. can the attorney fees & damages go away if the fringe benefits are non dischargeable?3. The stip specifically states no fraud - so no dischargeablity based on fraud problems4. If this is reduced to judgment does it change the character from non dischargeable to dischargeable judgment?Thanks for your help in advance. See you Saturday. CatherineLaw Office of Catherine Christiansen1077 E
Pacific Coast Hwy #210Seal Beach, CA, 90740Tel: (562) 361-8721Fax: (562) 490-8572
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