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Employee vacation pay as preferential tranfer?
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MessageDavid, I will let you know as soon as I know. Carolyn
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Tuesday, April 27, 2004 4:42 PM
Subject: RE: [cdcbaa] Employee vacation pay as preferential tranfer?
Good luck. I would be curious to learn what happens. By the way, who is the Trustee? You may prefer to e-mail this to me privately, rather than posting it to the entire group. My e-mail address is DavidTilem@TilemLaw.com
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
Business bankruptcy specialist cert. by Amer. Bd. of Certification
-----Original Message-----
Sent: Tuesday, April 27, 2004 7:53 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Employee vacation pay as preferential tranfer?
Many thanks for your reply, David. We shall see! Carolyn
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Monday, April 26, 2004 10:53 PM
Subject: RE: [cdcbaa] Employee vacation pay as preferential tranfer?
Carolyn:
I would point out to the Trustee, in writing, with a copy to the U.S., Trustee, that vacation pay is a priority claim under Sect. 507(a)(3)(A) and 726(a)(1), hence the only apparent purpose for such an action is to artificially increase the Trustee's own fee and attorney fees with little or nothing to be gained by the general creditor body. Such an actin would appear to reflect a clear lack of billing judgment. Even if your letter is ignored, it makes a great exhibit when you file an objection to the Trustee's application for fees and the fee application by the Trustee's counsel.
Your ordinary course defense would also seem to apply. Finally, how does the Trustee prove 547(b)(5) given the priority nature of vacation pay claims.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
Business bankruptcy specialist cert. by Amer. Bd. of Certification
-----Original Message-----
Sent: Monday, April 26, 2004 4:34 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Employee vacation pay as preferential tranfer?
Dear all, I am interested in knowing if any of us has successfully defended or prosecuted a preferential transfer action to take back vacation pay paid to employees within 90 days of a business Chapter 7 filing. Seems like the defense of ordinary course of business affairs of the debtor should apply if the business had a regular business practice of paying the employees vacation pay. (I think that the trustee is betting that the employees won't fight miniscule individual payments because of attorney fees involved. The whole sum, though, is probably 50-75 thousand dollars. Is a class action defense possible? Thank you, Carolyn
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Message
David, I will let you know as soon as I know.
Carolyn
----- Original Message -----
From:
David
A. Tilem
To: cdcbaa@yahoogroups.com
Sent: Tuesday, April 27, 2004 4:42 PM
Subject: RE: [cdcbaa] Employee vacation
pay as preferential tranfer?
Good luck. I
would be curious to learn what happens. By the way, who is the
Trustee? You may prefer to e-mail this to me privately, rather than posting it to the entire group. My e-mail address is
The post was migrated from Yahoo.
charset="windows-1251"
Good luck. I would be curious to learn what happens. By the way, who
is the Trustee? You may prefer to e-mail this to me privately, rather
than posting it to the entire group. My e-mail address is
DavidTilem@TilemLaw.com
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of
CA Bd of Legal Specialization.
Sent: Tuesday, April 27, 2004 7:53 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Employee vacation pay as preferential tranfer?
Many thanks for your reply, David. We shall see! Carolyn
To: cdcbaa@yahoogroups.com
Sent: Monday, April 26, 2004 10:53 PM
Subject: RE: [cdcbaa] Employee vacation pay as preferential tranfer?
Carolyn:
I would point out to the Trustee, in writing, with a copy to the U.S.,
Trustee, that vacation pay is a priority claim under Sect. 507(a)(3)(A)
and 726(a)(1), hence the only apparent purpose for such an action is to
artificially increase the Trustee's own fee and attorney fees with
little or nothing to be gained by the general creditor body. Such an
actin would appear to reflect a clear lack of billing judgment. Even if
your letter is ignored, it makes a great exhibit when you file an
objection to the Trustee's application for fees and the fee application
by the Trustee's counsel.
Your ordinary course defense would also seem to apply. Finally, how
does the Trustee prove 547(b)(5) given the priority nature of vacation
pay claims.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of
CA Bd of Legal Specialization.
Sent: Monday, April 26, 2004 4:34 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Employee vacation pay as preferential tranfer?
Dear all, I am interested in knowing if any of us has successfully
defended or prosecuted a preferential transfer action to take back
vacation pay paid to employees within 90 days of a business Chapter 7
filing. Seems like the defense of ordinary course of business affairs of
the debtor should apply if the business had a regular business practice
of paying the employees vacation pay. (I think that the trustee is
betting that the employees won't fight miniscule individual payments
because of attorney fees involved. The whole sum, though, is probably
50-75 thousand dollars. Is a class action defense possible? Thank you,
Carolyn
_____
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* To visit your group on the web, go to:
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The post was migrated from Yahoo.
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MessageMany thanks for your reply, David. We shall see! Carolyn
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Monday, April 26, 2004 10:53 PM
Subject: RE: [cdcbaa] Employee vacation pay as preferential tranfer?
Carolyn:
I would point out to the Trustee, in writing, with a copy to the U.S., Trustee, that vacation pay is a priority claim under Sect. 507(a)(3)(A) and 726(a)(1), hence the only apparent purpose for such an action is to artificially increase the Trustee's own fee and attorney fees with little or nothing to be gained by the general creditor body. Such an actin would appear to reflect a clear lack of billing judgment. Even if your letter is ignored, it makes a great exhibit when you file an objection to the Trustee's application for fees and the fee application by the Trustee's counsel.
Your ordinary course defense would also seem to apply. Finally, how does the Trustee prove 547(b)(5) given the priority nature of vacation pay claims.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
Business bankruptcy specialist cert. by Amer. Bd. of Certification
-----Original Message-----
Sent: Monday, April 26, 2004 4:34 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Employee vacation pay as preferential tranfer?
Dear all, I am interested in knowing if any of us has successfully defended or prosecuted a preferential transfer action to take back vacation pay paid to employees within 90 days of a business Chapter 7 filing. Seems like the defense of ordinary course of business affairs of the debtor should apply if the business had a regular business practice of paying the employees vacation pay. (I think that the trustee is betting that the employees won't fight miniscule individual payments because of attorney fees involved. The whole sum, though, is probably 50-75 thousand dollars. Is a class action defense possible? Thank you, Carolyn
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Yahoo! Groups Links
a.. To visit your group on the web, go to:
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b.. To unsubscribe from this group, send an email to:
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Message
Many thanks for your reply, David. We shall see!
Carolyn
----- Original Message -----
From:
David
A. Tilem
To: cdcbaa@yahoogroups.com
Sent: Monday, April 26, 2004 10:53 PM
Subject: RE: [cdcbaa] Employee vacation
pay as preferential tranfer?
Carolyn:
I would point out
to the Trustee, in writing, with a copy to the U.S., Trustee, that vacation
pay is a priority claim under Sect. 507(a)(3)(A) and 726(a)(1), hence the only
apparent purpose for such an action is to artificially increase the Trustee's
own fee and attorney fees with little or nothing to be gained by the general
creditor body. Such an actin would appear to reflect a clear
lack of billing judgment. Even if your letter is ignored, it makes a
great exhibit when you file an objection to the Trustee's application for fees
and the fee application by the Trustee's counsel.
Your ordinary
course defense would also seem to apply. Finally, how does the Trustee
prove 547(b)(5) given the priority nature of vacation pay
claims.
David A. Tilem
Certified Bankruptcy
Specialist*
Law Offices of David A.
Tilem
500 N. Brand Blvd., #460, Glendale, CA
91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business
bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Business bankruptcy specialist cert. by Amer. Bd. of
Certification
-----Original Message-----From: Carolyn Fergoda
[mailto:cmfergoda@earthlink.net] Sent: Monday, April 26, 2004 4:34
PMTo: cdcbaa@yahoogroups.comSubject: [cdcbaa] Employee
vacation pay as preferential tranfer?
Dear all, I am interested in knowing if any
of us has successfully defended or prosecuted a preferential
transfer action to take back vacation pay paid to employees within 90
days of a business Chapter 7 filing. Seems like the defense of ordinary course
of business affairs of the debtor should apply if the business had a regular
business practice of paying the employees vacation pay. (I think that the trustee is betting that the employees won't fight miniscule individual
payments because of attorney fees involved. The whole sum, though, is probably
50-75 thousand dollars. Is a class action defense possible? Thank you,
Carolyn
The post was migrated from Yahoo.
charset="windows-1251"
Carolyn:
I would point out to the Trustee, in writing, with a copy to the U.S.,
Trustee, that vacation pay is a priority claim under Sect. 507(a)(3)(A)
and 726(a)(1), hence the only apparent purpose for such an action is to
artificially increase the Trustee's own fee and attorney fees with
little or nothing to be gained by the general creditor body. Such an
actin would appear to reflect a clear lack of billing judgment. Even if
your letter is ignored, it makes a great exhibit when you file an
objection to the Trustee's application for fees and the fee application
by the Trustee's counsel.
Your ordinary course defense would also seem to apply. Finally, how
does the Trustee prove 547(b)(5) given the priority nature of vacation
pay claims.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of
CA Bd of Legal Specialization.
Sent: Monday, April 26, 2004 4:34 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Employee vacation pay as preferential tranfer?
Dear all, I am interested in knowing if any of us has successfully
defended or prosecuted a preferential transfer action to take back
vacation pay paid to employees within 90 days of a business Chapter 7
filing. Seems like the defense of ordinary course of business affairs of
the debtor should apply if the business had a regular business practice
of paying the employees vacation pay. (I think that the trustee is
betting that the employees won't fight miniscule individual payments
because of attorney fees involved. The whole sum, though, is probably
50-75 thousand dollars. Is a class action defense possible? Thank you,
Carolyn
_____
Yahoo! Groups Links
* To visit your group on the web, go to:
http://groups.yahoo.com/group/cdcbaa/
* To unsubscribe from this group, send an email to:
cdcbaa-unsubscribe@yahoogroups.com
The post was migrated from Yahoo.
Dear all, I am interested in knowing if any of us has successfully defended or prosecuted a preferential transfer action to take back vacation pay paid to employees within 90 days of a business Chapter 7 filing. Seems like the defense of ordinary course of business affairs of the debtor should apply if the business had a regular business practice of paying the employees vacation pay. (I think that the trustee is betting that the employees won't fight miniscule individual payments because of attorney fees involved. The whole sum, though, is probably 50-75 thousand dollars. Is a class action defense possible? Thank you, Carolyn
Dear all, I am interested in knowing if any
of us has successfully defended or prosecuted a preferential transfer
action to take back vacation pay paid to employees within 90 days of abusiness Chapter 7 filing. Seems like the defense of ordinary course of business
affairs of the debtor should apply if the business had a regular business
practice of paying the employees vacation pay. (I think that the trustee isbetting that the employees won't fight miniscule individual payments
because of attorney fees involved. The whole sum, though, is probably 50-75thousand dollars. Is a class action defense possible? Thank you,
Carolyn
The post was migrated from Yahoo.