SUCCESSORSHIP, Contribution Rate, Bankruptcy
CITE AS: Bruce & Roberts, Inc. v MESC, Genesee Circuit Court, No. 92-1202-AE (April 21, 1993).
Appeal pending: No
Employer: Bruce & Roberts, Inc.
Docket No. L91-15659-2150
CIRCUIT COURT HOLDING: The Chapter 7 bankruptcy trustee was an employing unit pursuant to Section 40 and, therefore, by definition an "employer subject to this Act" under Section 41(2)(a). Therefore, employer Bruce & Roberts Inc. is a successor, having acquired 75% or more of Balderstone assets by means of bankruptcy.
FACTS: On October 18, 1985, employer sold the business (Sherman's Lounge) to Balderstone for $160,000. On June 21, 1988, Balderstone filed for Chapter 11 Bankruptcy and for Chapter 7 on March 22, 1989. Employer re-acquired all the equipment and fixtures they sold in 1985 through foreclosure. Also, they purchased the liquor license and inventory from the Chapter 7 bankruptcy trustee. They reopened as Bruce & Robert's, Inc. on January 2, 1990. They were assigned 10% rate as successor employer, having acquired more than 75% of Balderstone's assets. Employer asserted it was not a successor and entitled to new employer tax rate of 2.7%.
DECISION: Employer is a successor to Balderstone and the 10% contribution rate was properly assessed.
RATIONALE: Employer acquired through foreclosure everything it had previously conveyed to Balderstone. Repossession after default has been found to be an acquisition even in the absence of a title transfer. The acquisition of assets from a debtor through bankruptcy proceedings also results in an acquisition for purposes of 41(2), based on the definitions in the Act of "employer" and "employing unit."
19, 11: N/A