Legal Opinion
USM Workers' Committee v. Decker (In Re USM Technology Corp.)
United States Bankruptcy Court, N.D. California
Decided September 16, 1993No. 19-50177PublishedCited by 4 opinions
1Opinion of the Court
OPINION
JAMES R. GRUBE, Bankruptcy Judge.
I. INTRODUCTION.
Debtor’s former employees seek a declaration that their right to receive unpaid wages from proceeds of “goods” produced in violation of the Fair Labor Standards Act 1 (the “FLSA”) (colloquially known as “hot goods”) 2 is superior to the rights of a creditor holding a perfected security interest in Debtor’s accounts receivable. The court finds that the doctrine is not applicable to proceeds of goods produced in violation of the FLSA.
II.FACTUAL BACKGROUND.
Prior to filing its bankruptcy petition, USM Technology Corporation (“USM”) was in…
2Cases cited21 opinions
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Raymond W. Jones and v. A. Sauls, Inc.Court of Appeals for the Fifth Circuit · 1965
- Equal Employment Opportunity Commission v. American Telephone & Telegraph Co.Court of Appeals for the Third Circuit · 1974
- Morelock v. NCR Corp.Court of Appeals for the Sixth Circuit · 1976
- Unsecured Creditors' Committees of Pacific Express, Inc. v. Pioneer Commercial Funding Corp. (In Re Pacific Express, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- Equal Employment Opportunity Commission v. American Telephone & Telegraph Co.District Court, E.D. Pennsylvania · 1973
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3Cited by4 opinions
- Secretary of Labor, United States Department of Labor v. 3re.com, Inc., General Electric Capital CorporationCourt of Appeals for the Sixth Circuit · 2003
- In Re Timberhouse Post and Beam, Ltd.United States Bankruptcy Court, D. Montana · 1996
- Bureerong v. UvawasDistrict Court, C.D. California · 1997
- In re: Shumate Spokane, LLCUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015