Weaner & Assocs., L.L.C. v. 369 W. First, L.L.C.

Citations

• 2020 Ohio 48

Syllabus

The trial court erred in granting summary judgment in favor of appellees/cross-appellants on the issue of piercing the corporate veil of a limited liability company (LLC). In addition, the trial court erred in granting summary judgment in favor of appellees/cross-appellants on two transfers the LLC made to one appellee/cross-appellant, as there were genuine issues of material fact concerning whether the transfers were fraudulent conveyances under R.C. 1336.04(A)(1). However, the court did not err in finding that there was no genuine issue of material fact as to whether two other transfers to appellees/cross-appellants were fraudulent conveyances under R.C. 1336.05(A). Finally, the trial court did not err in awarding judgment against non-debtors after the bankruptcy court discharged the debtor LLC. The bankruptcy case had been closed, and the transferred property was no longer the property of the estate. Judgment affirmed in part, reversed in part, and remanded for further proceedings. (Hall, J., concurring.)