. 0000084162 00000 n Id. N.D. Ga. 2019) (citing Lamar, Archer & Cofrin, LLP v. Appling, ___ U.S. ___, 138 S.Ct. Gaddy, 977 F.3d at 1058. ter ego l-tr-- ()g also -e- ()g plural alter egos Synonyms of alter ego 1 : a second self or different version of oneself: such as a : a trusted friend b : the opposite side of a personality Clark Kent and his alter ego Superman c : counterpart sense 3 a fictional character that is the author's alter ego 2 Sample Special Interrogatories for California, These sample special interrogatories for California are for a California case and are drafted as contention interrogatories and can be easily modified. N.D. Ga. 2004) (stating that a debtor commits actual fraud for purposes of 523(a)(2)(A) if the debtor incurs a debt without the actual, subjective intent to pay the debt"); In re Moss,598 B.R. Document collections are now available as non-refundable purchase items with new pricing. k'*"5`ot 5m c` mttm*a`k m# mo `2a%c%t t, k'*"5`ot am# 5'r` tamo 'o` )m(`, r`d`r t' ta` )m(` mok #`*t%'o &a`r` ta` mo#&`r t' ta`, 5'r` tamo 'o` %ot`rr'(mt'r, '" mr` r`! In May 2013, pursuant to an arbitration agreement, Zurich demanded arbitration to recover the Obligations. Besides improving overall performance, the effects could also be seen in questionnaires measuring their attitudes to the task, which revealed a stronger intention to improve their performance. Hardin routinely used his corporate credit card from PMSG for personal use, including purchasing presents for his wife from Gucci, Prada, and Tiffany. Id., 40. c"t 5m3` m r`m#'omc$` mok (''k dm%ta `dd'rt t' (`t ta` %od'r5mt%'o c m#3%o( ta` 'ta`r )`r#'o# 'r. they were more likely to choose the healthier option.

The Court would benefit from additional briefing from the parties targeted at the question of whether the debt (or any portion of it) arose at the time PMSG entered the contract or at the time PMSG failed to pay Zurich. Second, Hardin argues that the Complaint fails to allege any false pretense or false representations that led to the creation of the debt. The balance owed to PMSG from Hardin fluctuated significantly over the years and was as high as $697,274 in 2010. Ky. 2016). The ease of distanced self-talk does offer exciting potential applications, she says. Id. Adele performing in 2015 in Germany. 31, 2021). Click the citation to see the full text of the cited case. Specifically, Zurich served Hardin with post-judgment document requests and interrogatories asking that he identify all transfers within the last 180 days of more than $500. The Court will conduc t a final pre-trial conference in connection with the alter ego claim on January 12, 2009, at 11:00 a.m. in Courtroom One. In this case, they were asked to give advice to themselves in the second-person for example, saying You will concentrate on each question as if they were talking to a friend, rather than themselves. Again, the debt must be "the `result of,' `with respect to,' or `by reason of'" an injury caused by the defendant's willful and malicious conduct. You can, as long as you include this blurb with it: Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. -Greenwood, Gordon D 55 Harrison Strcet Suite 400 Oakland, CA 94607 NIXON PEABODY, LLP Attn. 0000053950 00000 n 0000088644 00000 n The opposing party must answer each question truthfully within the given time period or state why such question cannot be answered. Webveil and apply alter-ego liability to individual defendants. As we head into 2021, Worklife is running our best, most insightful and most essential stories from 2020. ********************************* 2. 434, 445-46 (Bankr. Earlier, the alter ego doctrine was not applicable to other business forms, such as limited liability companies (LLC). In accordance with Federal Rule of Civil Procedure 12(c) (applicable to bankruptcy proceedings under Rule 7012(b) of the Federal Rules of Bankruptcy Procedure), "[a]fter the pleadings are closedbut early enough not to delay triala party may move for judgment on the pleadings." 0000034450 00000 n 2020), cert. N.D. Ga. 2019) (noting that 523(a)(6) "requires more than just a knowing breach of a contract"). 'r(mo%0mt%'o#, "o$`## ta` %od'r5mt%'o %# `! m**'"otmot#, '"r %o=`#t%(mt'r#, mok mo'o` `$#` m*t%o( 'o '"r c`am$d. 0000089622 00000 n Also be sure to send specially prepared interrogatories and requests for production of documents to the plaintiff asking them to state all facts that support their alter ego allegations, identify all persons with personal knowledge, produce all documents supporting the allegations, etc. 0000145682 00000 n Self-distancing seems to enable people to reap these positive effects by leading them to focus on the bigger picture its possible to see events as part of a broader plan rather than getting bogged down in immediate feelings. N.D. Ga. Oct. 18, 2019). Id., 20. This is because alter-ego liability is an equitable doctrine.

In re Wisner,608 B.R. 1994); St. Laurent, 991 F.2d at 680; Gaddy, 977 F.3d at 1056. Although Zurich sent invoices to PMSG that reflected the amounts PMSG was obligated to pay Zurich for losses, PMSG repeatedly failed to pay amounts owed to Zurich as reflected on the invoices (the "Obligations"). 2019) (holding that a claim for monetary damages against the debtor "arising from her receipt of the fraudulently transferred property" under California law was sufficient injury for purposes of 523(a)(6)); In re Vanwinkle,562 B.R.

"[S]ome courts have required a breach be accompanied by an intentional tort such as conversion." 0000003768 00000 n will be nondischargable under 523(a)(2)(A).") For each of the policy years, the parties agreed that the insurance programs would be loss sensitive, meaning PMSG agreed to assume responsibility for a portion of the insurance risk. The court reiterated that "actions taken by a debtor after a debt is incurred, even if in an effort to thwart a creditor's collection efforts by fraudulently conveying assets," do not "create a separate injury for the purposes of 523(a)(6)." Ky. 2016) ("Nothing in the State Court Judgment sounds in fraud, and the Plaintiffs have not alleged a cause of action that might create separate liability on the part of the Defendant."). Holdings, LLC v. Gaddy, 209 L. Ed. 0000087906 00000 n Adopting an alter ego is an extreme form of self-distancing, which involves taking a step back from our immediate feelings to allow us to view a situation more dispassionately. 54) is DENIED in part and deferred in part; IT IS FURTHER ORDERED that Hardin shall have thirty (30) days from the date of the entry of this Order within which to file a brief in support of the Motion, and Zurich shall have thirty (30) days from the date upon which Hardin's brief is filed within which to respond. "And `[m]alicious means wrongful and without just cause or excessive even in the absence of personal hatred, spite or ill-will.'" 671, 679 (Bankr. Im passionate about trauma-informed psychotherapy and present trainings in the Bay Area and beyond on the topic of integrative approaches to treating complex trauma and dissociative disorders (since 2015). United States Bankruptcy Court, N.D. Georgia, Atlanta Division.https://leagle.com/images/logo.png, Debtor Henry C. Hardin, III ("Hardin") and his companies had a contractual relationship with Plaintiffs Zurich American Insurance Company, American Zurich Insurance Company, and The Zurich Services Corporation (collectively, "Zurich") that resulted in a multi-million-dollar arbitration judgment against Hardin's companies. ramadzine has been telling visual brand stories since 1997. 252 0 obj << /Linearized 1 /O 255 /H [ 1897 488 ] /L 812314 /E 199485 /N 4 /T 807155 >> endobj xref 252 65 0000000016 00000 n This case is also more like McClellan than Gaddy was, in that the Complaint alleges that Hardin, like the debtor's sister in McClellan, was the transferee of assets fraudulently transferred by PMSG at a time when Zurich was PMSG's creditor. Along these lines, one experiment asked whether people were better able to focus on difficult word puzzles if they had been asked to practice self-distancing before the test. 523(a)(6) (emphasis added). . Aug. 14, 2017), aff'd, 756 F. App'x 741 (9th Cir. Id. . I completed practicum training at Berkeley Creative Living Center working with the chronically mentally ill (schizophrenia, etc.). In accordance with the requirement that the Court construe "statutory exceptions to discharge of debts" strictly against Zurich and "liberally in favor of the honest debtor," Hardin contends that the conduct alleged is insufficient to satisfy 523(a)(2)(A) or 523(a)(6). Id. S.D.N.Y. PMSG was thus out millions, while Hardin received from PMSG in cash the full $2.5 million owed to him by John Hardin.

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Discovery, specifically the answers to LM 's interrogatories to pierce the corporate veil I completed practicum training at Creative... Those of Gaddy and the application of its legal conclusions to this case are strikingly similar to those of and... From the licence fee was used to create this website was not applicable to other business,! Also encouraged greater feelings of self-efficacy the sense that they could pro-actively cope with chronically! /P > < p > 508, 512 ( Bankr interrogatories are continuing in character as... St. Laurent, 991 F.2d at 680 ; Gaddy, 209 L. Ed L. Ed download emails do n't to... Also encouraged greater feelings of self-efficacy the sense that they could pro-actively cope with the situation and achieve goal... In re Watson, 2019 WL 5388061, at * 3 ( Bankr head! Breach of contract alone is not enough to render a debt nondischargeable Ga. ). Balance owed to PMSG from Hardin fluctuated significantly over the years top stories here known bank accounts, including accounts. Alter ego doctrine is applied to a limited liability companies ( LLC ). '' applied to a limited company... Purchase items with new pricing were told to think in the third-person ( Hannah. Non-Refundable purchase items with new pricing, since Monson, clarified that willful. Ego interrogatories equitable doctrine d. Utah 1999 ) ( a ) ( 6 ). ). Quarrel is over discovery, specifically the answers to LM 's interrogatories to pierce the corporate and. Is because alter-ego liability is an equitable doctrine ), held that `` state-specific conduct... The Obligations from Hardin fluctuated significantly over the years and was as high as $ 697,274 2010! When the two contracts were signed and Kapitus advanced funds pursuant thereto are strikingly to... ( `` Geiger indicates that a knowing breach of contract alone is enough. 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0000014633 00000 n N.D. Ga. Mar. 2015) ("In order to say that an act caused injury to the creditor himself within the meaning of 523(a)(6), the act must be such that it gives rise to a legally cognizable claim which could result in a monetary judgment."). As a general rule, within 30 days after your are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. Id. 0000001651 00000 n 3. v . 0. Again, the court explained that the creditor was skipping "an important step in its 523(a)(6) analysis" because it had failed to show that the debt owed by the debtor was "for" a willful and malicious injury to the creditor or the creditor's property rather than "for" a guarantee of another party's debt. 0000144927 00000 n may be raised . In response, Zurich states that the Motion is defective in several respects; (1) it is "contrary to the applicable standard of review" because Hardin "makes inferences in his own favor, instead" of Zurich's; (2) the Motion "ignores the factual disputes and open questions that this Court previously identified in its ruling on Zurich's Motion for Partial Summary Judgment (ECF No. P. 12(c); see also In re Dorsey,497 B.R. Note that the author is NOT an attorney and no guarantee or warranty is provided. Id. On May 7, 2015, the arbitrators, having considered the arguments, testimony, and evidence presented, entered a Final Award requiring PMSG to (a) pay Zurich $16,307,224 in principal and interest, and (b) post $1,355,480 in collateral with Zurich.

Id. Id. Google+. To succeed in proving that a debt arose from a false representation under section 523(a)(2)(A), a creditor must prove that the debt arose from a false representation made with the intention of deceiving the creditor, upon which the creditor justifiably relied. ); In re Watson, 2019 WL 5388061, at *3 (Bankr. Cohen v. de la Cruz,523 U.S. 213, 220, 118 S.Ct. These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information before trial. 0000132090 00000 n Id. N.D. Ga. May 5, 2020); Bartenwerfer v. Buckley, 2023 WL 2144417, at *1 (U.S. Feb. 22, 2023). 0000058135 00000 n Plaintiff's interrogatories to pierce the corporate veil. Hardin opened the TD Ameritrade account in Spring 2018 with transfers from his Merrill Lynch account (known to Zurich), so that when Zurich garnished the Merrill Lynch account in June 2018 nothing remained. . If you have questions regarding a civil dispute with a corporation or other business entity, or if you are an owner of a business seeking to evaluate your potential liability for the businesss debts, please give us a call at (704) 457-1010 to schedule a consultation. The two main requirements for invoking the alter-ego doctrine are: DOWNLOAD REQUEST FOR INTERROGATORIES SAMPLE Lawsuit Forms Summons Complaint Alter ego is a legal doctrine whereby the court finds that a corporation lacks a separate identity from an individual or corporate shareholder. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice. Clark was shy and clumsy which helped him to protect his identity as Superman. As a potential distraction, the researchers also left them with an iPad, with a much more fun game designed to lure them away. Complaint, 57. v. . Before and after the entry of the judgment, the debtor made actually fraudulent transfers to an entity owned by himself, his wife, and his daughter in order to avoid payment to the creditor. M.D. N.D. Ill. 2010). Please bear with us as the download emails don't seem to be getting sent out as quickly right now. WebThe present quarrel is over discovery, specifically the answers to LM's Interrogatories Nos. Finding alter ego gives the court cause to pierce the corporate veil and hold individual shareholders personally liable for debts of the corporation. R. Civ. Id., 18-19. "`Injury' means the violation of another's legal right or the infliction of an actionable wrong," and is not "confined to physical damage or destruction," as "an injury to intangible personal or property rights is sufficient." 11 U.S.C. Thus, the Eleventh Circuit has, since Monson, clarified that the willful and malicious injury must have created the debt at issue. Willful and malicious behavior after the debt is incurred is not sufficient to make the debt non-dischargeable.") Read our full list of the years top stories here. These sample special interrogatories for You cannot totally avoid the possibility that someone may seek to hold them personally liable for the debts for a corporation which they own or control, particularly in California. 54), arguing that, even if the facts of the Complaint are true, Zurich's claim fails as a matter of law because the debt at issue preexisted the alleged fraud and willful and malicious injury and is simply an ordinary contract debt. The facts of this case are closer to those of Husky than the facts of Gaddy were, in that Hardin, like the debtor in Husky, became liable for what Hardin asserts is PMSG's ordinary, contractual debt only when Zurich brought the alter ego suit. In essence, the court held that, if the original debt was not for money, property, or credit obtained by fraud, and the victim of a later fraudulent transfer cannot demonstrate a separate legal injury that resulted from the post-debt conduct, the debt is dischargeable.5 Here, Hardin contends, the Complaint and its attachments establish that the debt at issue arose only as a result of Zurich's unpaid invoices to PMSG and PMSG's obligation to post additional collateral. On June 26, 2018, Zurich moved to garnish Hardin's known bank accounts, including his accounts at Bank of America. be alleged generally." Governed by Rule 197 of the Texas Rules of Civil Procedure, interrogatories are a helpful tool for discovery. Hardin also used PMSG to pay six-figure annual salaries to several of his family members. 0000053928 00000 n 390, 395 (Bankr. The self-distancing also encouraged greater feelings of self-efficacy the sense that they could pro-actively cope with the situation and achieve their goal. The Complaint placed Hardin on notice that Zurich claimed "false pretenses, false representations, and/or actual fraud" based on "all of his conduct alleged above, including but not limited to: (a) PMSG's debt incurred under its insurance program with Zurich . 0000001933 00000 n startxref Monson, 661 F. App'x at 683; In re Luebbert,987 F.3d 771, 782 (8th Cir. W.D.

508, 512 (Bankr. 0000011154 00000 n "The standard of review for a motion for judgment on the pleadings `is almost identical to that used to decide motions to dismiss.'" Nonetheless, following the court's decision in Monson, the court held in Gaddy, that the "actions taken by a debtor after a debt is incurred, even if in an effort to thwart a creditor's collection efforts by fraudulently conveying assets," do not "create a separate injury for the purposes of 523(a)(6)." For instance, it can increase peoples intentions to exercise, and helps them to resist the temptation of junk food. WebAlter ego theories of jurisdiction, in general, reflect an approach to jurisdictional issues resembling very closely the general corporate law concept of "piercing the corporate But Hardin argues that, under Georgia law, if Hardin was the alter ego of PMSG, it is as if he was liable for the debt since its inception and the debt retains the same character, and Zurich has not argued otherwise. In Husky, the debtor became personally liable to the creditor under a "Texas veil-piercing statute when he `drained [the corporation] of assets it could have used to pay its debts to creditors like Husky," and in McClellan, the debtor became liable to the creditor for the value of property fraudulently transferred to her by her brother because she was a party to the fraud. However, now the alter ego doctrine is applied to a limited liability company as well. A lack of receipts, or in-kind exchanges are strong facts supporting a lack of arms

frank suarez net worth; alter ego interrogatories. 0000014081 00000 n Hardin did not disclose any of the transfers to Jones & Walden in his responses to these requests. Rather, this debt was created when the two contracts were signed and Kapitus advanced funds pursuant thereto. false pretenses, a false representation, or actual fraud,'" the bankruptcy court and the district court properly concluded that the creditor's 523(a)(2)(A) claim failed." In re Diget, 2021 WL 4484871, at *5 (Bankr. 19-05145-LRC. The plaintiff must show the debtor "had a subjective motive to inflict injury or believed his conduct was substantially certain to cause injury." One might argue that the Court should look at the events that caused Hardin to become personally liable for that debt, rather than the events that created PMSG's debt to Zurich. Attorneys or parties in the State of California who wish to view a sample answer to a complaint for alter ego allegations that includes numerous affirmative defenses regarding many of the issues discussed in this blog post sold by the author can see below. A third group were given the option to change persona entirely by inhabiting the role of their favourite fictional hero, such as Batman or Dora the Explorer. 0000033541 00000 n 0000002363 00000 n 0000004855 00000 n alter ego interrogatories. You can receive 10 free gifts just for subscribing. The facts of this case are strikingly similar to those of Gaddy, but are not identical. Id., 15. Parties may obtain discovery regarding any matter, 0000144927 00000 n Trust, Living R. Civ. Although further studies will be needed to test the long-term benefits of the approach, Furman thinks that it could be incorporated into a variety of different weight-loss schemes. But you need to file an answer to any complaint seeking to impose alter ego liability on them, and be sure to claim indemnity from the corporation in the answer, and possibly in a cross-complaint as well, pursuant to California Corporations Code 317(a)-[c] as most California corporate articles do allow the corporate directors and officers to claim indemnity from the corporation to the fullest extent of the law. No money from the licence fee was used to create this website. Id., 23. Thus, Kapitus has no claim under 523(a)(6). If PMSG's debt, for which Hardin is liable as PMSG's alter ego, was created by Hardin's fraudulent conduct in the first instance, this case is distinguishable from Gaddy, in which the court stated that the debt was a "contract debt that was incurred long before the challenged conveyances." 1997) (rejecting the argument that unsecured creditor possessed a property interest in state law fraudulent transfer remedies sufficient to support a finding that debtor injured creditor by transferring real property); Wisner v. Piedmont Bank, 2021 WL 6535947, at *11 (N.D. Ga. May 7, 2021) ("Piedmont's ability to use the AA&A stock in order to satisfy its Money Judgment against Wisner was certainly hampered by Wisner's acts in selling AA&A's assets and taking the related distributions; however, the Court cannot find that the acts injured the property of Piedmont as required by Section 523(a)(6). 769, 779 (Bankr. 62, 85 (Bankr. 0000079363 00000 n The test of perseverance, after all, was already very close to the kind of decisions that children might face when doing their homework with the potential temptation of the TV or cell phone. Okla. 2017) (noting that the Supreme Court in Husky "did not eliminate the requirement that the debt be `traceable to' or `connected with' the fraud").

at 782, and in In re Kane, the Eleventh Circuit, citing Williams, held that a "knowing breach of a clear contractual obligation that is certain to cause injury may prevent discharge under Section 523(a)(6), regardless of separate tortious conduct," 755 F.3d 1285, 1295-96 (11th Cir. Id. ********************************* 1. Relevant to this case, whatever route a plaintiff takes, it must establish that the defendant owes it a "debt" because "money, property, services, . 2008), held that "state-specific tortious conduct is required under 523(a)(6)." Some were told to think Am I working hard? while others were encouraged to think in the third-person (Is Hannah working hard?). 2514 (2021). A debt that arose from Hardin's willful and malicious breach of the contract, rather than from the nonfraudulent negotiations for the insurance program, could support a finding of nondischargeability under 523(a)(6). Zurich does not appear to oppose Hardin's interpretation of Gaddy and the application of its legal conclusions to this case. . Through this transaction, Hardin made himself whole on the investment, while PMSG recovered nothing and ultimately wrote-off the investment as a total loss. Facebook. D. Utah 1999) ("Geiger indicates that a knowing breach of contract alone is not enough to render a debt nondischargeable. Given these findings and the benefits of self-distancing more generally, White suspects that we could all boost our emotional regulation, self-control and general poise by choosing to embody another persona la Sasha Fierce. WebExperience. fm8LA/ N5L[10\aTbpq)LAAs/s 9zfOW,12fc\, Tp

vanderbilt women's soccer coach email; alter ego interrogatories.