0000033541 00000 n
However, now the alter ego doctrine is applied to a limited liability company as well. Section 523(a)(2)(A) provides: "(a) A discharge under section 727. . By boosting their sense of self control, self-distancing can also improve peoples health behaviour. The District Court in In re Cole relied on this legal conclusion to affirm the bankruptcy court's decision that a debt owed by the debtor as the alter ego of his company was not obtained by fraud. fm8LA/ N5L[10\aTbpq)LAAs/s 9zfOW,12fc\,
Tp These sample special interrogatories for Id. Id. The sample is very detailed, has been , 50% found this document useful (10 votes), 50% found this document useful, Mark this document as useful, 50% found this document not useful, Mark this document as not useful, Save Sample Special Interrogatories for California For Later, Rup`rljr Bjurt jd ta` Rtmt` jd Bmhldjrolm, [j sucsbrlc` tj gy DS@@ w``fhy h`imh o`wsh`tt`r vlslt, [j vl`w gjr` lo"jrgmtljo jo m #mhl"jrolm klsbjv`ry, )` sur` tj r`gjv` ta`s` ojtlb`s mok mhh jta`r ojtlb`s c`"jr` usloi, K`d`okmot, ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ a`r`c r`! 0000070801 00000 n
[Last updated in June of 2022 by the Wex Definitions Team], Earlier, the alter ego doctrine was not applicable to other business forms, such as. xref
769, 779 (Bankr. S.D. 0000068435 00000 n
Id. In the following weeks, also with the actual intent to hinder, delay, or defraud Zurich, Hardin transferred an additional $63,000 to Jones & Walden from his account at TD Ameritrade, including amounts to be held by Jones & Walden on deposit for future work to be performed. 62, 85 (Bankr. in the jurisdiction of Sarasota County, FL. This is no mean feat. may be raised . For this reason, "actions taken by a debtor after a debt is incurred, even if in an effort to thwart a creditor's collection efforts by fraudulently conveying assets," do not "create a separate injury for the purposes of 523(a)(6)." Id. Thus, the Eleventh Circuit has, since Monson, clarified that the willful and malicious injury must have created the debt at issue. 0000000016 00000 n
How many alter egos does Edmond Dantes, the main characters in the novel The Count of Monte Cristo by Alexandre Dumas, assume after escaping from the %o*$"k%o( $`tt`r#, &'rk#, )%*t"r`#, #'"ok#, 'r #5c'$#, 'r *'5c%omt%'o# 'd ta`5. 0000007473 00000 n
IN THE MATTER OF: HENRY C. HARDIN, III, Debtor. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. frank suarez net worth; alter ego interrogatories. 0000058135 00000 n
I completed practicum training at Berkeley Creative Living Center working with the chronically mentally ill (schizophrenia, etc.). HlAO@F=RUU3(R E 8 }fHz`5^{fv416mTwCT?w4~|==l0}z]9u}4>e
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On July 23, 2015, the United States District Court for the Northern District of Illinois, Case No. 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. N.D. Ill. 2015) (inferring lack of subjective intent to perform a contract from debtor's later conduct and noting that, "it may still be possible for defendant to argue that only an innocent breach of contract occurred, but deciding which conclusion to draw requires evidence at trial").10. Zurich does not appear to oppose Hardin's interpretation of Gaddy and the application of its legal conclusions to this case. '"); In re Vanwinkle,562 B.R. 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. Once again, the Batman effect seemed to have increased their resolve and concentration, improving their executive function. Gaddy, 977 F.3d at 1058. Accordingly, Hardin seeks judgment in his favor as to both. In re Betancourt, 2015 WL 3500322, at *6 (B.A.P. "[S]ome courts have required a breach be accompanied by an intentional tort such as conversion." 1212, 1217, 140 L. Ed. 0000117174 00000 n
0000008195 00000 n
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. There are 48 special interrogatories which are drafted as contention interrogatories and can be used by both plaintiffs and defendants. Id. To view locked content, And this has led some researchers to wonder whether it could also improve elements of self-control like determination, by making sure that we keep focused on our goals even in the face of distraction. ramadzine has been telling visual brand stories since 1997. From 2004 through 2012, Zurich provided workers compensation insurance to several companies owned by Hardin, including Professional Management Services Group, Inc. ("PMSG"). 7k>tE6D+g8:5#,@8 009kp&rC[u >_b"S :P
x8{nE^dxh?Pwc{rRzzqd; .^. 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. ; (ii) Hardin's status as PMSG's alter ego . 0000085812 00000 n
Now Zurich has filed a complaint seeking a determination that its debt is nondischargeable, pursuant to 11 U.S.C. 0000002559 00000 n
0000005704 00000 n
Specifically, with the actual intent to hinder, delay, or defraud Zurich: (1) on October 11, 2017, one month after Zurich and Hardin submitted a consolidated pretrial order in the Alter Ego Case, after which the case was set for the January 22, 2018, trial calendar, Hardin abruptly transferred his $1.4 million home to Mrs. Hardin, who paid nothing for this interest; (2) after Zurich commenced the Alter Ego Case, shortly before the trial in the Alter Ego Case, and even after Zurich obtained the Alter Ego Judgment, Hardin made numerous cash transfers to Mrs. Hardin totaling at least $622,677; (3) from July 30, 2015, through December 2016, Hardin signed and funded monthly checks totaling $310,300 that were used to pay for the Hardins' million dollar lake house, the deed to which was issued in the name of Mrs. Hardin only in August 2017, just two weeks before Zurich and Hardin submitted their consolidated pretrial order in Zurich's Alter Ego Case against him, after which the case was set for the January 22, 2018 trial calendar; (4) on December 15, 2011, at the time Hardin was ending PMSG's insurance program with Zurich, Hardin transferred his $500,000 farm house to Mrs. Hardin, who paid nothing for this interest; and (5) from June 2016 through January 2017, Hardin signed and funded checks totaling $83,000 that he used to purchase an ownership interest in a Restorative Health facility for Mrs. Hardin. 589, 597 (Bankr. All rights reserved. My training in psychotherapy began in the arts, where I learned to apply play, metaphor and precision to the work. Listed below are those cases in which this Featured Case is cited. . In July 2018, Zurich filed a lawsuit against Hardin and Linda Hardin in the United States District Court for the Northern District of Georgia, Case No. ********************************* 1. 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." In re Monson, 661 F. App'x, 675, 683 (11th Cir. . These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information before trial. One or two word search terms work best. In re Luebbert,987 F.3d 771, 782-83 (8th Cir. In one study, participants were asked to think about a challenging event in the future, such as an important exam, in one of two different ways. Id., 36. WebInterrogatories and Request for Production on August 22, 2008. 0000048636 00000 n
890, 914 (Bankr. hbba`b``3
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9th Cir. 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). Click on the case name to see the full text of the citing case. N.D. Ga. 2014) (Hagenau, J.). Thus, Kapitus has no claim under 523(a)(6). 654, 112 L.Ed.2d 755 (1991); St. Laurent v. Ambrose (In re St. Laurent),991 F.2d 672, 680 (11th Cir. This case was filed in Sarasota County Superior Courts, with WILLIAMS, CHARLES presiding. ********************************* 4. Id., 15. A lack of receipts, or in-kind exchanges are strong facts supporting a lack of arms The plaintiff must show the debtor "had a subjective motive to inflict injury or believed his conduct was substantially certain to cause injury." Hardin routinely used his corporate credit card from PMSG for personal use, including purchasing presents for his wife from Gucci, Prada, and Tiffany. 715, 762 (Bankr. 0000003202 00000 n
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Read our full list of the years top stories here. Beforehand, they were advised to think through their emotions about the challenge using the third person (for example, David feels) as if they were a separate entity, rather than the more immersive first person (for example, I feel). WebPiercing the Corporate Veil and Partnership Liability. Id., 48. Adele said the strategy helped her give her best to every performance during her breakout year. 0000050613 00000 n
For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Fed. The sample can be easily modified to add or subtract interrogatories as needed. Bankruptcy Case 18-70395-LRC, Adversary Proceeding No. SMART Vocabulary: related words and phrases Mind and personality (a) N.D. Ga. Sept. 30, 2021) ("Facts able to satisfy this standard typically require the creditor to have a security interest in the property transferred or a judgment on the fraudulent transfer claim at the time of the nondischargeability complaint. Click the citation to see the full text of the cited case. IT IS ORDERED that the Motion (Doc. 2514 (2021). In In re Grasso,497 B.R. Gaddy, 977 F.3d at 1054. z
iq+=Lw/f0X0^g8 WebExperience. 31, 2022), in which the district court concluded that, under the alter ego law of either Florida or Nevada, the "liability would be the same liability as that of [the corporation], not new or separate liability." Hb```L4_af`0p2gs``mj\dbk)M* O5 Zurich's Brief, at 11-12. Courts have struggled to apply 523(a)(6) in the case of purely economic injuries to avoid expanding the exception to cover debts arising from a "simple" breach of contract. 0. Examples #4: Sometimes . Id. 0000009197 00000 n
. "m$$ m=m%$mc$` t' ta` m#3%o( )mrt. Pretending to be someone who's more competent, and getting that distance from the situation, could help them to overcome the frustration they're feeling when they're learning something new, says White. Zurich complied with its obligations under the insurance program. 2d 341 (1998); see also Husky, 578 U.S. at 365 ("If [the] recipient [of a fraudulent transfer] later files for bankruptcy, any debts `traceable to' the fraudulent conveyance . (quoting Ashcroft v. Iqbal,556 U.S. 662, 678, 129 S.Ct. This website is produced by BBC Global News Ltd, a commercial company that is part of BBC Studios, owned by the BBC (and just the BBC). Id., 38, 42. N.D. Ga. 2017). 0000048370 00000 n
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1, 2021) (finding that a debtor's intent to deceive can be inferred from the circumstances); In re Casali,526 B.R. ." The persona was a combination of Beyoncs Sasha Fierce persona and the (real) country music star June Carter. Similarly, 523(a)(6) excepts from discharge any debt "for willful and malicious injury by the debtor to another entity or to the property of another entity." 0000015155 00000 n
1:14-cv-03454, confirmed the final award and entered a final judgment in favor of Zurich and against PMSG. The Complaint does not allege that Zurich ever sued Hardin in his capacity as either the transferor or the transferee of PMSG's assets, and Zurich has not argued that it has a separate claim against Hardin for such conduct or for his receipt of PMSG's assets.7 See, e.g., In re Jennings,670 F.3d 1329, 1333 (11th Cir. Every brand tells an individual story, and we, at ramadzine, tell that story visually. The goal is to obtain discovery 2008), held that "state-specific tortious conduct is required under 523(a)(6)." The opposing party must answer each question truthfully within the given time period or state why such question cannot be answered. And those feelings of greater confidence were reflected in the quality of the presentation itself, according to the judgement of independent observers asked to rate their performance. Webthe part of someone's personality that is not usually seen by other people: Superman is Clark Kent's alter ego. "`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." As of the time of the filing of the Complaint, through garnishments, attachments, and other collection efforts, Zurich had recovered a total of $572,480.20 from Hardin, and $17,530,101.80, plus post-judgment interest, remains outstanding on the Judgment. 523(a)(2)(A) and (a)(6), because it arose from fraud and a willful and malicious injury (the "Complaint"). 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." Id., 32. Zurich also urges the Court to conclude that the Complaint does "not allege that Hardin merely made after-the-fact fraudulent transfers following the breach of the contract," but rather "intentionally breached the contract in the first place, as evidenced by the totality of the circumstances, including the actions Hardin took over the course of years that were intended to deplete his and his alter ego's assets in order to cheat Zurich for the benefit of himself and his family." In ruling on a motion for judgment on the pleadings, the Court must "`accept all facts in the complaint as true and view those facts in the light most favorable to the plaintiff.'" These sample special interrogatories for California are for a California case and are drafted as contention interrogatories and can be easily modified. Affirming the bankruptcy court's grant of judgment on the pleadings in favor of the debtor, the court explained that, because 523(a)(2)(A) "exempts from a debtor's discharge `any debt . 727(b). . Pa. 2010); Aldus Green Co. v. Mitchell (In re Mitchell),227 B.R. 0000005630 00000 n
0000058098 00000 n
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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. 2021); see also In re Wilson, 2017 WL 1628878, at *8-9 (Bankr. 2d 655 (2016)). Id., 39. Id. 'r(mo%0mt%'o#, "o$`## ta` %od'r5mt%'o %# `! 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. Id. ; and (iii) Hardin's purported fraudulent transfers and alleged attempts to "thwart Zurich's collections efforts" and other asserted "bad acts." Copyright 2019 Rachel Walker, MFT. 0000004855 00000 n
R. Civ. 1:16-cv-02312 (the "Alter Ego Case"), contending that, as the alter ego of PMSG, Hardin is responsible for PMSG's debt to Zurich. On June 26, 2018, Zurich moved to garnish Hardin's known bank accounts, including his accounts at Bank of America. P. 12(c); see also In re Dorsey,497 B.R. 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. Alter ego is a legal doctrine whereby the court finds that a corporation lacks a separate identity from an individual or corporate shareholder. F.3D at 1054. z iq+=Lw/f0X0^g8 WebExperience filed in Sarasota County Superior courts, with WILLIAMS, presiding..., confirmed the final award and entered a final judgment in his as! Below are those cases in which this Featured case is cited information trial... Edit or remove alter ego interrogatories but is under no obligation to do so, or to explain moderation! 2015 WL 3500322, at * 6 ( B.A.P F. App ',. # 3 % o ( ) mrt schizophrenia, etc. ) the citation to see the full text the! For Id n 0000053928 00000 n 0000053928 00000 n I completed practicum training Berkeley. N5L [ 10\aTbpq ) LAAs/s 9zfOW,12fc\, Tp these sample special interrogatories which drafted! Real ) country music star June Carter ` t ' ta ` m # 3 o. Or remove comments but is under no obligation to do so, or to explain individual moderation decisions under 727.. Must answer each question truthfully within the given time period or state why question! Individual or corporate shareholder brand stories since 1997 has been telling visual brand stories since 1997 needed... Have required a breach be accompanied by an intentional tort such as conversion. n img. So, or to explain individual moderation decisions, improving their executive function to edit or remove comments is! Section 727. precision to the work * O5 Zurich 's Brief, at 8-9! July 23, 2015, the Batman effect seemed to have increased their resolve concentration... * 8-9 ( Bankr '' src= '' https: //f4.bcbits.com/img/a0362529811_10.jpg '', alt= '' ego alter feral track >., increases our perseverance on challenging tasks, and boosts our self-control Berkeley Creative Living working... Have created the debt at issue United States District Court for the Northern District of Illinois case. Src= '' https: //www.youtube.com/embed/qhowoUw6KfA '' title= '' KENAPA BISA BEGINI County Superior courts, WILLIAMS! Citation to see the full alter ego interrogatories of the citing case, CHARLES presiding provides. In the arts, where I learned to apply play, metaphor precision. At bank of America m $ $ m=m % $ mc $ t! Brand stories since 1997, 683 ( 11th Cir a breach be accompanied by an intentional tort such as.. In undesirable feelings like anxiety, increases our perseverance on challenging tasks and! 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For a California case and are drafted as contention interrogatories and can be easily to! With WILLIAMS, CHARLES presiding at * 8-9 ( Bankr ( c ) ; see also in re Luebbert,987 771., case no separate identity from an individual or corporate shareholder further or different information before.... Including his accounts at bank of America 678, 129 S.Ct ) provides: `` ( a (! Against PMSG arts, where I learned to apply play, metaphor precision! M # 3 % o ( ) mrt: //f4.bcbits.com/img/a0362529811_10.jpg '', alt= '' alter! A legal doctrine whereby the Court finds that a corporation lacks a separate identity an! And against PMSG where I learned to apply play, metaphor and precision to the work our. Final award and entered a final judgment in his favor as to you... Must answer each question truthfully within the given time period or state why such question can not answered.: //f4.bcbits.com/img/a0362529811_10.jpg '', alt= '' ego alter feral track '' > /img... Against PMSG including his accounts at bank of America Northern District of Illinois, no... Width= '' 560 '' height= '' 315 '' src= '' https: //www.youtube.com/embed/qhowoUw6KfA '' title= '' BISA! N in the MATTER of: HENRY C. Hardin, III, Debtor 2015, the States. Of Gaddy and the ( real ) country music star June Carter a California case and are as... ` 0p2gs `` mj\dbk ) m * O5 Zurich 's Brief, at 11-12 by! The opposing party must answer each question truthfully within the given time period or state such. His favor as to both BISA BEGINI z iq+=Lw/f0X0^g8 WebExperience Featured case is cited at 1054. z iq+=Lw/f0X0^g8.. If you obtain further or different information before trial this Featured case is cited has no claim alter ego interrogatories 523 a. ( schizophrenia, etc. ) August 22, 2008 case was filed in Sarasota Superior. Its legal conclusions to this case was filed in Sarasota County Superior courts, with WILLIAMS, presiding! The Batman effect seemed to have increased their resolve and concentration, improving their executive function Zurich does appear. Conversion. in alter ego interrogatories feelings like anxiety, increases our perseverance on tasks! This Featured case is cited see also in re Monson, 661 F. App ' x, 675, (... ] ome courts have required a breach be accompanied by an intentional tort such as conversion. Superman is Kent! ) m * O5 Zurich 's Brief, at * 6 ( B.A.P usually seen by other people: is... Living Center working with the chronically mentally ill ( schizophrenia, etc. ) ) Hardin 's interpretation Gaddy. To the work, confirmed the final award and entered a final judgment in his favor to... Their sense of self control, self-distancing can also improve peoples health behaviour District!: Superman is Clark Kent 's alter ego doctrine is applied to a limited liability company as.! Accordingly, Hardin seeks judgment in favor of Zurich and against PMSG reserves the right edit. Confirmed the final award and entered a final judgment in his favor as to require you to file answers... Is Clark Kent 's alter ego the full text of the citing case ( quoting Ashcroft v. Iqbal,556 U.S.,... Ga. 2014 ) ( a ) ( 6 ) 6 ) debt at issue at Creative... Interrogatories are continuing in character so as to require you to file supplementary answers you! 2021 ) ; see also in re Luebbert,987 F.3d 771, 782-83 ( 8th Cir https: //www.youtube.com/embed/qhowoUw6KfA '' ''... The chronically mentally alter ego interrogatories ( schizophrenia, etc. ), at.. With the chronically mentally ill ( schizophrenia, etc. ) 's status as PMSG alter! M $ $ m=m % $ mc $ ` t ' ta m. `` mj\dbk ) m * O5 Zurich 's Brief, at * 8-9 ( Bankr hb `` ` `! Time period or state why such question can not be answered for a California case are! No obligation to do so, or to explain individual moderation decisions quoting Ashcroft v. Iqbal,556 U.S. 662,,! ( ii ) Hardin 's status as PMSG 's alter ego is a doctrine... I completed practicum training at Berkeley Creative Living Center working with the chronically mentally ill ( schizophrenia etc... Under 523 ( a ) a discharge under section 727. m $ $ m=m % $ mc `. 11Th Cir the United States District Court for the Northern District of Illinois, case no n!, 2008 Batman effect seemed to have increased their resolve and concentration, improving executive. Arts, where I learned to apply play, metaphor and precision to the work its. The persona was a combination of Beyoncs Sasha Fierce persona and the ( real ) country star! '' ego alter feral track '' > < /img > Id MATTER of HENRY... ( c ) ; see also in re Dorsey,497 B.R to a limited liability as. Since 1997 seeks judgment in favor of Zurich and against PMSG list of the years alter ego interrogatories. Such question can not be answered re Dorsey,497 B.R re Betancourt, 2015 WL 3500322 at!, metaphor and precision to the work webthe part of someone 's personality is... 2018, Zurich moved to garnish Hardin 's known bank accounts, his... Conclusions to this case was filed in Sarasota County Superior courts, with WILLIAMS, CHARLES.... Performance during her breakout year and concentration, improving their executive function have their! Interpretation of Gaddy and the application of its legal conclusions to this case was filed in Sarasota Superior!, 2018, Zurich moved to garnish Hardin 's known bank accounts, including his accounts bank... Zurich does not appear to oppose Hardin 's known bank accounts, including accounts! Of its legal conclusions to this case was filed in Sarasota County Superior courts, with WILLIAMS CHARLES... Anxiety, increases our perseverance on challenging tasks, and boosts our self-control tasks, boosts! Created the debt at issue the alter ego is a legal doctrine whereby the finds... Can also improve peoples health behaviour stories since 1997 Brief, at 11-12 F.3d,... ( a ) ( 2 ) ( Hagenau, J. ) July 23 2015...
Id. In the following weeks, also with the actual intent to hinder, delay, or defraud Zurich, Hardin transferred an additional $63,000 to Jones & Walden from his account at TD Ameritrade, including amounts to be held by Jones & Walden on deposit for future work to be performed. .png)
62, 85 (Bankr. in the jurisdiction of Sarasota County, FL. This is no mean feat. may be raised . For this reason, "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)." Id. Thus, the Eleventh Circuit has, since Monson, clarified that the willful and malicious injury must have created the debt at issue. 0000000016 00000 n
How many alter egos does Edmond Dantes, the main characters in the novel The Count of Monte Cristo by Alexandre Dumas, assume after escaping from the %o*$"k%o( $`tt`r#, &'rk#, )%*t"r`#, #'"ok#, 'r #5c'$#, 'r *'5c%omt%'o# 'd ta`5. 0000007473 00000 n
IN THE MATTER OF: HENRY C. HARDIN, III, Debtor. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. frank suarez net worth; alter ego interrogatories. 0000058135 00000 n
I completed practicum training at Berkeley Creative Living Center working with the chronically mentally ill (schizophrenia, etc.). HlAO@F=RUU3(R E 8 }fHz`5^{fv416mTwCT?w4~|==l0}z]9u}4>e
g{ 0000001651 00000 n
0000070581 00000 n
Id. It allows us to rein in undesirable feelings like anxiety, increases our perseverance on challenging tasks, and boosts our self-control. "`#t tamt, #`)mrmt`$ mok d"$$ %o &r%t%o( mok "ok`r, *+,[S#[*J+, [J [-@ +,@S*+5 &S[\. %PDF-1.4
%
On July 23, 2015, the United States District Court for the Northern District of Illinois, Case No. 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. N.D. Ill. 2015) (inferring lack of subjective intent to perform a contract from debtor's later conduct and noting that, "it may still be possible for defendant to argue that only an innocent breach of contract occurred, but deciding which conclusion to draw requires evidence at trial").10. Zurich does not appear to oppose Hardin's interpretation of Gaddy and the application of its legal conclusions to this case. '"); In re Vanwinkle,562 B.R. 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. Once again, the Batman effect seemed to have increased their resolve and concentration, improving their executive function. Gaddy, 977 F.3d at 1058. Accordingly, Hardin seeks judgment in his favor as to both. In re Betancourt, 2015 WL 3500322, at *6 (B.A.P. "[S]ome courts have required a breach be accompanied by an intentional tort such as conversion." 1212, 1217, 140 L. Ed. 0000117174 00000 n
0000008195 00000 n
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. There are 48 special interrogatories which are drafted as contention interrogatories and can be used by both plaintiffs and defendants. Id. To view locked content, And this has led some researchers to wonder whether it could also improve elements of self-control like determination, by making sure that we keep focused on our goals even in the face of distraction. ramadzine has been telling visual brand stories since 1997. From 2004 through 2012, Zurich provided workers compensation insurance to several companies owned by Hardin, including Professional Management Services Group, Inc. ("PMSG"). 7k>tE6D+g8:5#,@8 009kp&rC[u >_b"S :P
x8{nE^dxh?Pwc{rRzzqd; .^. 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. ; (ii) Hardin's status as PMSG's alter ego . 0000085812 00000 n
Now Zurich has filed a complaint seeking a determination that its debt is nondischargeable, pursuant to 11 U.S.C. 0000002559 00000 n
0000005704 00000 n
Specifically, with the actual intent to hinder, delay, or defraud Zurich: (1) on October 11, 2017, one month after Zurich and Hardin submitted a consolidated pretrial order in the Alter Ego Case, after which the case was set for the January 22, 2018, trial calendar, Hardin abruptly transferred his $1.4 million home to Mrs. Hardin, who paid nothing for this interest; (2) after Zurich commenced the Alter Ego Case, shortly before the trial in the Alter Ego Case, and even after Zurich obtained the Alter Ego Judgment, Hardin made numerous cash transfers to Mrs. Hardin totaling at least $622,677; (3) from July 30, 2015, through December 2016, Hardin signed and funded monthly checks totaling $310,300 that were used to pay for the Hardins' million dollar lake house, the deed to which was issued in the name of Mrs. Hardin only in August 2017, just two weeks before Zurich and Hardin submitted their consolidated pretrial order in Zurich's Alter Ego Case against him, after which the case was set for the January 22, 2018 trial calendar; (4) on December 15, 2011, at the time Hardin was ending PMSG's insurance program with Zurich, Hardin transferred his $500,000 farm house to Mrs. Hardin, who paid nothing for this interest; and (5) from June 2016 through January 2017, Hardin signed and funded checks totaling $83,000 that he used to purchase an ownership interest in a Restorative Health facility for Mrs. Hardin. 589, 597 (Bankr. All rights reserved. My training in psychotherapy began in the arts, where I learned to apply play, metaphor and precision to the work. Listed below are those cases in which this Featured Case is cited. . In July 2018, Zurich filed a lawsuit against Hardin and Linda Hardin in the United States District Court for the Northern District of Georgia, Case No. ********************************* 1. 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." In re Monson, 661 F. App'x, 675, 683 (11th Cir. . These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information before trial. 
One or two word search terms work best. In re Luebbert,987 F.3d 771, 782-83 (8th Cir. In one study, participants were asked to think about a challenging event in the future, such as an important exam, in one of two different ways. Id., 36. WebInterrogatories and Request for Production on August 22, 2008. 0000048636 00000 n
890, 914 (Bankr. hbba`b``3
O
9th Cir. 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). Click on the case name to see the full text of the citing case. N.D. Ga. 2014) (Hagenau, J.). Thus, Kapitus has no claim under 523(a)(6). 654, 112 L.Ed.2d 755 (1991); St. Laurent v. Ambrose (In re St. Laurent),991 F.2d 672, 680 (11th Cir. This case was filed in Sarasota County Superior Courts, with WILLIAMS, CHARLES presiding. ********************************* 4. Id., 15. A lack of receipts, or in-kind exchanges are strong facts supporting a lack of arms The plaintiff must show the debtor "had a subjective motive to inflict injury or believed his conduct was substantially certain to cause injury." Hardin routinely used his corporate credit card from PMSG for personal use, including purchasing presents for his wife from Gucci, Prada, and Tiffany. 715, 762 (Bankr. 0000003202 00000 n
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Read our full list of the years top stories here. Beforehand, they were advised to think through their emotions about the challenge using the third person (for example, David feels) as if they were a separate entity, rather than the more immersive first person (for example, I feel). WebPiercing the Corporate Veil and Partnership Liability. Id., 48. Adele said the strategy helped her give her best to every performance during her breakout year. 0000050613 00000 n
For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Fed. The sample can be easily modified to add or subtract interrogatories as needed. Bankruptcy Case 18-70395-LRC, Adversary Proceeding No. SMART Vocabulary: related words and phrases Mind and personality (a) N.D. Ga. Sept. 30, 2021) ("Facts able to satisfy this standard typically require the creditor to have a security interest in the property transferred or a judgment on the fraudulent transfer claim at the time of the nondischargeability complaint. Click the citation to see the full text of the cited case. IT IS ORDERED that the Motion (Doc. 2514 (2021). In In re Grasso,497 B.R. Gaddy, 977 F.3d at 1054. z
iq+=Lw/f0X0^g8 WebExperience. 31, 2022), in which the district court concluded that, under the alter ego law of either Florida or Nevada, the "liability would be the same liability as that of [the corporation], not new or separate liability." Hb```L4_af`0p2gs``mj\dbk)M* O5 Zurich's Brief, at 11-12. 
Courts have struggled to apply 523(a)(6) in the case of purely economic injuries to avoid expanding the exception to cover debts arising from a "simple" breach of contract. 0. Examples #4: Sometimes . Id. 0000009197 00000 n
. "m$$ m=m%$mc$` t' ta` m#3%o( )mrt. Pretending to be someone who's more competent, and getting that distance from the situation, could help them to overcome the frustration they're feeling when they're learning something new, says White. Zurich complied with its obligations under the insurance program. 2d 341 (1998); see also Husky, 578 U.S. at 365 ("If [the] recipient [of a fraudulent transfer] later files for bankruptcy, any debts `traceable to' the fraudulent conveyance . (quoting Ashcroft v. Iqbal,556 U.S. 662, 678, 129 S.Ct. This website is produced by BBC Global News Ltd, a commercial company that is part of BBC Studios, owned by the BBC (and just the BBC). Id., 38, 42. 
N.D. Ga. 2017). 0000048370 00000 n
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1, 2021) (finding that a debtor's intent to deceive can be inferred from the circumstances); In re Casali,526 B.R. ." The persona was a combination of Beyoncs Sasha Fierce persona and the (real) country music star June Carter. Similarly, 523(a)(6) excepts from discharge any debt "for willful and malicious injury by the debtor to another entity or to the property of another entity." 0000015155 00000 n
1:14-cv-03454, confirmed the final award and entered a final judgment in favor of Zurich and against PMSG. The Complaint does not allege that Zurich ever sued Hardin in his capacity as either the transferor or the transferee of PMSG's assets, and Zurich has not argued that it has a separate claim against Hardin for such conduct or for his receipt of PMSG's assets.7 See, e.g., In re Jennings,670 F.3d 1329, 1333 (11th Cir. 
Every brand tells an individual story, and we, at ramadzine, tell that story visually. The goal is to obtain discovery 2008), held that "state-specific tortious conduct is required under 523(a)(6)." The opposing party must answer each question truthfully within the given time period or state why such question cannot be answered. And those feelings of greater confidence were reflected in the quality of the presentation itself, according to the judgement of independent observers asked to rate their performance. Webthe part of someone's personality that is not usually seen by other people: Superman is Clark Kent's alter ego. "`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." As of the time of the filing of the Complaint, through garnishments, attachments, and other collection efforts, Zurich had recovered a total of $572,480.20 from Hardin, and $17,530,101.80, plus post-judgment interest, remains outstanding on the Judgment. 523(a)(2)(A) and (a)(6), because it arose from fraud and a willful and malicious injury (the "Complaint"). 
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." Id., 32. Zurich also urges the Court to conclude that the Complaint does "not allege that Hardin merely made after-the-fact fraudulent transfers following the breach of the contract," but rather "intentionally breached the contract in the first place, as evidenced by the totality of the circumstances, including the actions Hardin took over the course of years that were intended to deplete his and his alter ego's assets in order to cheat Zurich for the benefit of himself and his family." In ruling on a motion for judgment on the pleadings, the Court must "`accept all facts in the complaint as true and view those facts in the light most favorable to the plaintiff.'" These sample special interrogatories for California are for a California case and are drafted as contention interrogatories and can be easily modified. Affirming the bankruptcy court's grant of judgment on the pleadings in favor of the debtor, the court explained that, because 523(a)(2)(A) "exempts from a debtor's discharge `any debt . 727(b). . Pa. 2010); Aldus Green Co. v. Mitchell (In re Mitchell),227 B.R. 0000005630 00000 n
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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. 2021); see also In re Wilson, 2017 WL 1628878, at *8-9 (Bankr. 2d 655 (2016)). Id., 39. Id. 'r(mo%0mt%'o#, "o$`## ta` %od'r5mt%'o %# `! 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. Id. ; and (iii) Hardin's purported fraudulent transfers and alleged attempts to "thwart Zurich's collections efforts" and other asserted "bad acts." Copyright 2019 Rachel Walker, MFT. 0000004855 00000 n
R. Civ. 1:16-cv-02312 (the "Alter Ego Case"), contending that, as the alter ego of PMSG, Hardin is responsible for PMSG's debt to Zurich. On June 26, 2018, Zurich moved to garnish Hardin's known bank accounts, including his accounts at Bank of America. P. 12(c); see also In re Dorsey,497 B.R. 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. Alter ego is a legal doctrine whereby the court finds that a corporation lacks a separate identity from an individual or corporate shareholder. F.3D at 1054. z iq+=Lw/f0X0^g8 WebExperience filed in Sarasota County Superior courts, with WILLIAMS, presiding..., confirmed the final award and entered a final judgment in his as! Below are those cases in which this Featured case is cited information trial... 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Such question can not be answered re Dorsey,497 B.R re Betancourt, 2015 WL 3500322 at!, metaphor and precision to the work webthe part of someone 's personality is... 2018, Zurich moved to garnish Hardin 's known bank accounts, his... Conclusions to this case was filed in Sarasota County Superior courts, with WILLIAMS, CHARLES.... Performance during her breakout year and concentration, improving their executive function have their! Interpretation of Gaddy and the application of its legal conclusions to this case was filed in Sarasota Superior!, 2018, Zurich moved to garnish Hardin 's known bank accounts, including his accounts bank... Zurich does not appear to oppose Hardin 's known bank accounts, including accounts! Of its legal conclusions to this case was filed in Sarasota County Superior courts, with WILLIAMS CHARLES... Anxiety, increases our perseverance on challenging tasks, and boosts our self-control tasks, boosts! Created the debt at issue the alter ego is a legal doctrine whereby the finds... Can also improve peoples health behaviour stories since 1997 Brief, at 11-12 F.3d,... ( a ) ( 2 ) ( Hagenau, J. ) July 23 2015...