· 10/26/1993
Bankr. L. Rep. P 75,517 Kalb, Voorhis & Co. v. American Financial Corporation
Citations
- 8 F.3d 130
- 1993 U.S. App. LEXIS 27744
- 1993 WL 429784
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that only when a claim is a generalized one, with no particularized injury arising from it, is the claim the property of the debtor
- concluding that statement in prior case was dicta “because it goes beyond the facts of the case”
- holding that under New York choice of law rules, “[t]he law of the state of incorporation determines when the corporate form will be disregarded.”
- holding that, under New York choice of law rules, the law of the state of incorporation of the entity whose veil is sought to be pierced governs whether protection can be stripped away
- observing that trustee or debtor-in-possession has control over claims belonging to the bankruptcy estate
- dismissing creditor’s alter ego claim on the ground that only the trustee had standing to assert it
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Winter, Pollack
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.