On February 10, 2012, the TWU filed a motion for relief from the automatic stay on behalf of Everton White. By this motion, the TWU seeks an order terminating or, alternatively, modifying the automatic stay imposed pursuant to section 362 of the Bankruptcy Code, to permit Mr. White to continue to pursue a certain claim that Mr. White has filed against the Debtors via a complaint/claim form before the State of New York Workers’ Compensation Board, Discrimination Unit, solely to the extent of the Debtors’ workers’ compensation funds and/or other relevant insurance policy funds applicable to the claims asserted in Mr. White’s claim.
In addition, on February 10, 2012, the TWU filed a motion for relief from the automatic stay on behalf of James Gregorio. By this motion, the TWU seeks an order terminating or, alternatively, modifying the automatic stay imposed pursuant to section 362 of the Bankruptcy Code, to permit Gregorio to institute legal proceedings against the Debtors for improper garnishment of Mr. Gregorio’s wages.
Both motions are scheduled to be heard on March 22, 2012 at 2:00 p.m. (ET) with objections due by March 15, 2012 at 4:00 p.m. (ET).
Lowenstein Sandler PC
Sharon L. Levine
S. Jason Teele
Nicole Stefanelli