· 7/14/1997
John R. Stoebner, Trustee v. Thomas A. Lingenfelter, Doing Business as Heritage Collectors' Society
Citations
- 115 F.3d 576
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a court can disregard the corporate entity when the shareholder “owned all, or substantially all, of the stock, treated the property as his own, and, most importantly, [when] no shareholder or creditor would be adversely affected.”
- recognizing reverse piercing when other shareholders and creditors are not adversely affected
- affirming a jury verdict finding that Lingenfelter had received fraudulent transfers from T.G. Morgan in violation of 11 U.S.C. §§ 544 and 548
- “Whether to pierce the corporate veil is a legal determination that, in our circuit, is governed by state law.”
- in assessing whether a corporate veil should be pierced, a court should analyze whether the corporation functioned as the mere instrumentality of the entities that a party is attempting to reach by piercing
Source: CourtListener parenthetical corpus (CC0).
Judges: Fagg, Heaney, Gibson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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