Central District Consumer Bankruptcy Attorney's Association

I had a case where the NLRB was going after my client pre-petition. I believe they would have filed a non dischargability complaint if the case did not produce a dividend. Biggest problem was that asserted the stay did not apply to them and were consistently requesting documents and taking the debtor's deposition.
Larry D. Simons
SulmeyerKupetz
A Professional Corporation
333 South Hope Street, Thirty-Fifth Floor, Los Angeles, CA 90071
Voice: 213.617.5210 Fax: 213.629.4520
Northern California Office:
1080 Marsh Road, Suite 110, Menlo Park, CA 94025
Voice: 650.326.2245 Fax: 650.326.5134
E-Mail: lsimons@sulmeyerlaw.com
URL: www.sulmeyerlaw.com
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To: cdcbaa@yahoogroups.com
Sent: Thu Dec 16 07:42:33 2004
Subject: [cdcbaa] Re: Labor Board claims
>
>
Marc:
This one really is a problem. It is a crime in this state not to
pay wages. With numbers as high as you report, it is likely there
will be a criminal referral if he does not find a way to repay the
debt. Of course, the criminal restitution is nondischargeable.
dennis
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Re: [cdcbaa] Re: Labor Board claims
I had a case where the NLRB was going after my client pre-petition. I believe they would have filed a non dischargability complaint if the case did not produce a dividend. Biggest problem was that asserted the stay did not apply to them and were consistently requesting documents and taking the debtor's deposition.
Larry D. Simons
SulmeyerKupetz
A Professional Corporation
333 South Hope Street, Thirty-Fifth Floor, Los Angeles, CA 90071
Voice: 213.617.5210 Fax: 213.629.4520
Northern California Office:
1080 Marsh Road, Suite 110, Menlo Park, CA 94025
Voice: 650.326.2245 Fax: 650.326.5134
E-Mail: lsimons@sulmeyerlaw.com
URL: www.sulmeyerlaw.com
Sent from my BlackBerry Wireless Handheld
To: cdcbaa@yahoogroups.com <cdcbaa@yahoogroups.com>
Sent: Thu Dec 16 07:42:33 2004
Subject: [cdcbaa] Re: Labor Board claims
; wrote:
>
>
Marc:
This one really is a problem. It is a crime in this state not to
pay wages. With numbers as high as you report, it is likely there
will be a criminal referral if he does not find a way to repay the
debt. Of course, the criminal restitution is nondischargeable.
dennis
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>
>
Marc:
This one really is a problem. It is a crime in this state not to
pay wages. With numbers as high as you report, it is likely there
will be a criminal referral if he does not find a way to repay the
debt. Of course, the criminal restitution is nondischargeable.
dennis

The post was migrated from Yahoo.

My contractor client has a big problem. On a public works job, the
contractor, a corporation, underpaid laborors. He did not pay
prevailing wages. A Union representative contacted the laborors and
had them file claims with the Labor Board. The amount of unpaid wages
is about $180,000. The board will probably acess penalties, which
will bring the Labor Board claim to more than $500,000.
Questions: 1. Are Labor Board claims dischargeable in a corporate
Chapter 7 bankrutpcy?
2. Can the Labor Board proceed against the principal of the
corporation, and if so, can the claims be discharged in an
individual bankruptcy, or would the claims fall under 523?
Any guidance is appreciated - Marc Weinberg

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