Worker's comp and dischargeability of U.E.F. Claim
Posted: Tue Feb 08, 2005 6:46 pm
(Answering my own question) I located the following case:
361 F.3d 1157 (9th Cir. 2004)
In re: Owen GEORGE;
Owen George; Deborah George, Plaintiffs-Appellants,
v.
Uninsured Employers Fund; Stephen J. Smith, Director of Industrial
Relations; Department of Industrial Relations; State of California,
Defendants-Appellees.
Here the United States Court of Appeals, Ninth Circuit. (March 18,
2004) decided that in California the claim of the Uninsured
Employers Fund against a garden-variety uninsured employer is not an
excise tax.
(thus the claim is not subject to the three-year rule under 507(a)
(8).
This should be welcome news to those uninsured employers with a
massive UEF claim/judgment against them.
regards,
Mike Candiotti
>
>
> I am doing a little researach re the above topic. My recollection
> is that there were some 9th Cir BAP cases holding that an
uninsured
> employer cannot discharge the worker's comp award in chap 7.
> Does anyone have a cite for any of these cases?
> thanks,
> Mike Candiotti
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