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GENERAL46103
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Last modified
8/24/2016 8:17:07 PM
Creation date
11/23/2007 2:20:48 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
3/19/1991
Doc Name
MOTION FOR RELIEF FROM AUTOMATIC STAY FO WORKERS COMPENSATION CLAIMS RELATED TO ACCIDENTAL INJURIES
Media Type
D
Archive
No
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<br />Self-Znsured Debtors would lose.the $870,000 certificate of <br />deposit which secures payment of the Post-September 1985 Claims. <br />The additional costs which would be incurred if the Debtors' <br />permission to self-insure is revoked would lessen the funds <br />available for working capital and negatively impact i <br />reorganization efforts. In contrast, continuing to self-insure <br />will result in considerable savings to the Self-Insured Debtors <br />over time by reducing the cost of post-petition insurance. <br />14. The Self-Insured Debtors also believe it is appropriate <br />to request relief from the automatic stay in light of the <br />statutory requirements of 28 U.S.C. § 157 respecting trial of <br />personal injury tort and wrongful death claims. Section 157 <br />provides in pertinent part as follows: <br />The district court shall order that personal <br />injury tort and wrongful death claims shall be tried in <br />the district court in which the bankruptcy case is <br />pending, or in the district court in the district in <br />which the claim arose, as determined by the district <br />court in which the bankruptcy case is pending. <br />28 U.S.C. § 157(b)(5). Workers' compensation claims for <br />accidental injuries may be personal injury tort claims which are <br />covered by this statute and, accordingly, could not be tried by <br />this Court. <br />the Self-Insured Debtors request that the Court <br />enter an order granting relief for workers' compensation claims <br />related to accidental injuries after September 14, 1985 to allow <br />such claims to be resolved in the ordinary course, subject to the <br /> <br />10 <br />
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