alter ego interrogatories
. 1, 2021) (finding that a debtor's intent to deceive can be inferred from the circumstances); In re Casali,526 B.R. "The standard of review for a motion for judgment on the pleadings `is almost identical to that used to decide motions to dismiss.'" 2003), the Fifth Circuit Court of Appeals "expressly rejected a separate tortious conduct requirement," see id. m**'"otmot#, '"r %o=`#t%(mt'r#, mok mo'o` `$#` m*t%o( 'o '"r c`am$d. alter ego interrogatories. 0000001651 00000 n
See Code of Civil Procedure 2030.010 et. In re Gaddy, at 1058-59 (noting that plaintiff had failed to establish "cognizable injury" or that the debtor was liable for a separate, new debt due to his fraudulent actions to avoid plaintiff's collection efforts); see also In re Saylor,108 F.3d 219, 221 (9th Cir. She followed Beyonc's example and fashioned her own persona called Sasha Carter (Credit: Alamy). The author of this blog post, Stan Burman, is a freelance paralegal that has worked in California and Federal litigation since 1995 and created over 300 sample legal documents for sale. Bankruptcy Case 18-70395-LRC, Adversary Proceeding No. . 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. trailer
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1993). 
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they were more likely to choose the healthier option. Ga. Feb. 14, 2020) ("The debt which Kapitus sought to have declared nondischargeable did not arise from an injury by Debtor to Kapitus' property. "m$$ m=m%$mc$` t' ta` m#3%o( )mrt. Pa. 2013), the court explained that 523(a)(6) should be interpreted in a way that avoids "rendering all breach of contract claims nondischargeable" and noted that courts employ varying methods to ensure that a "limiting principle" applies. "`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." In other experiments, participants were asked to give a small public talk. The download manager is not working as well as usual. 1581, 194 L.Ed.2d 655 (2016)," supported the creditor's position. 523(a)(2)(A) and (a)(6), because it arose from fraud and a willful and malicious injury (the "Complaint"). %o*$"k%o( $`tt`r#, &'rk#, )%*t"r`#, #'"ok#, 'r #5c'$#, 'r *'5c%omt%'o# 'd ta`5. Clark was shy and clumsy which helped him to protect his identity as Superman. 0000105782 00000 n
Id. Grasso, 497 B.R. You can receive 10 free gifts just for subscribing. 0000050838 00000 n
(See Daimler A G v. B auman (2014) 571 U. S. 117, 135 , fn. 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. denied sub nom. Few self-control strategies to date have successfully improved eating outcomes, says Celina Furman, a social psychology researcher at the University of Minnesota. 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`! Sample Answer to Alter Ego Complaint for California. Although the embodiment of a fictional persona may seem like a gimmick for pop stars, new research suggests there may be some real psychological benefits to the strategy. N.D. Ga. 2013). those feelings of greater confidence were reflected in the quality of the presentation itself, better able to focus on difficult word puzzles, they were more likely to choose the healthier option, they spent 13% moreof the total availabletime on the task than those thinking in the third person, the Batman effect seemed to have increased their resolve and concentration. 0000068435 00000 n
0000002363 00000 n
(quoting Ashcroft v. Iqbal,556 U.S. 662, 678, 129 S.Ct. 2021) ("Because Luebbert's conduct accompanying his breach of contract satisfied the elements of conversion under Missouri law, he inflicted a willful injury on GCS."). WebPiercing the Corporate Veil and Partnership Liability. 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. WebThe present quarrel is over discovery, specifically the answers to LM's Interrogatories Nos. This case was filed in Sarasota County Superior Courts, with WILLIAMS, CHARLES presiding. Representing Yourself (Pro Se)? 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. This is no mean feat. I am an EMDRIA Approved Consultant with a full-time private practice in Berkeley, CA (since 2007), where I treat clients and provide individual as well as group consultation to Here, although the Complaint focuses primarily on Hardin's conduct after PMSG became liable to Zurich, the Court agrees with Zurich that the Complaint could be read, with inferences drawn in Zurich's favor, to assert a claim for fraud at the inception of the debt. 1-7. The Court in Geiger stated, "[a] construction so broad would be incompatible with the `well-known' guide that exceptions to discharge `should be confined to those plainly expressed. '"r m(`ot#, '"r `5)$'``#, '"r %o#"rmo*` *'5)mo%`#, ta`%r, m(`ot#, ta`%r `5)$'``#, '"r mtt'ro`#, '"r m**'"o, `5)$'``#, '"r %o#"rmo*` *'5)mo%`#, ta`%r m(`ot#, ta`%r. 0000057207 00000 n
The possibility that self-distancing could increase willpower is particularly exciting for child psychologists, given that self-discipline is thought to be as important for academic performance as IQ. 3800 Park Blvd., Suite 200, Oakland, CA 94602. E.D. 
WebInterrogatories and Request for Production on August 22, 2008. 523(a)(6) (emphasis added). at 1212). 
11777 San Vicente Blvd., Suite 702 Los Angeles, California 90049 Tel: 310.651.8685 Fax: 310.651.8681 INSTRUCTIONS A. In re Ritz,567 B.R. Governed by Rule 197 of the Texas Rules of Civil Procedure, interrogatories are a helpful tool for discovery. White has also found that adopting an alter ego can also help children to concentrate on a complex card game, in which they had to follow complex rules that kept on changing. 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. The Eleventh Circuit rejected the creditor's argument that its debt arose from fraud or willful and malicious injury. Tex. WebAt ramadzine, we have a distinctive way of looking at a brand. Hardin submits that, under Georgia law, the Alter Ego Judgment imposes the same debt on Hardin as that owed by PMSG and, therefore, the "debt" is a debt for unpaid invoices ("a contractual debt"), rather than a debt for fraud or willful and malicious injury. Id., 45-46. Zurich later sued Hardin to establish that he was the alter ego of one of the companies and, therefore, is liable under Georgia law for the company's debts. 
; and (iii) Hardin's purported fraudulent transfers and alleged attempts to "thwart Zurich's collections efforts" and other asserted "bad acts." 0000000016 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. )mrt%`# t' ta` m*t%'o &a' am=` m))`mr`k. 0000050613 00000 n
At this stage, the Court is not prepared to find that the Complaint fails to state a claim that the debt arose from fraud. . No money from the licence fee was used to create this website. Gaddy, 977 F.3d at 1060. 1937, 173 L.Ed.2d 868 (2009)). N.D. Ga. 2019) (citing Lamar, Archer & Cofrin, LLP v. Appling, ___ U.S. ___, 138 S.Ct. I received a Masters Degree in Counseling Psychology from the California Institute of Integral Studies (2002), where I specialized in Expressive Arts Therapy. 0000085790 00000 n
Id. In re Adetayo, 2020 WL 2146511, at *2 (Bankr. Complaint, 57. N.D. Ill. 2017) ("An intentional breach of contract, however, is not enough to support a claim under 523(a)(6) unless the debtor's conduct also gives rise to an independent tort."). 
Id. S.D.N.Y. Hot Shot Kids, Inc. v. Pervis (In re Pervis),512 B.R. obtained byfalse pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial condition." 9th Cir. 2012) (holding that, where the creditor had "obtained a judgment on his fraudulent transfer claim at the time he initiated a nondischargeability claim under 523(a)(6)," and the judgment included a finding that the debtor had participated in a conspiracy to fraudulently transfer property under California law, the liability established thereunder could be found nondischargeable under 523(a)(6) if the debtor was substantially certain that the transfer would injure the creditor's ability to collect a debt from her ex-husband). Just visit freeweeklylegalnewsletter.gr8.com/ for more information. 1997) (holding that the creditor's "claim that he possesses a property interest in the fraudulent transfer remedies provided by state law does not fit within the definitions of either `debt' or `property' for purposes of section 523(a)(6), and runs counter to the long-standing principle that exceptions to dischargeability are to be narrowly construed"); In re Betancourt, 2017 WL 3482035, at *7 (B.A.P. 0000014633 00000 n
31, 2021). N.D. Ga. Jan. 29, 2016) ("As with dischargeability claims under 11 U.S.C. 174, 181 (Bankr. 0000053950 00000 n
Readers should not act upon this information without seeking professional counsel. I also completed a three year internship at Earth Circles Counseling Center, providing individual, couple and family therapy to clients facing a wide range of clinical issues including: anxiety, trauma, addiction, divorce, grief/loss, bi-polar, cultural and diversity issues, eating disorders and creative and professional blocks. 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)." 24)"; and (3) it "rests on an improperly parsed application of the facts and law.". Cqr "%r`k t' d"ro%#a ta`5 %o mo#&`r%o( 'o$ ta`, U$m%ot%dd,ZZZZZZZZZZZZZZZZZZZZ. 0000011154 00000 n
Ky. 2016). When I was growing up in the 90s, there were all these bracelets that said, WWJD What would Jesus do? 
Zurich opposes the Motion.1. Hardin did not disclose the TD Ameritrade account to Zurich until he belatedly responded to Zurich's interrogatory requests on August 7, 2018, by which time little remained in the account. 523(a)(2)(A). 
Further, the court noted that the judgment at issue was entered against the debtor on the guarantee of a debt that no party asserted arose from fraud and that the only alleged fraud occurred years after the debt for the guarantee arose. z
iq+=Lw/f0X0^g8 Courts narrowly construe exceptions to discharge against the creditor and in favor of the debtor. WebAlso, both companies need to maintain arms-length transactions in order to avoid alter ego liability. 0000007558 00000 n
v. Forms. 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. 0000048370 00000 n
0000051625 00000 n
Finally, the court noted that, even if the bankruptcy court erred in its conclusion that Alabama's fraudulent transfer law did not permit a claim for damages against the debtor as the transferor, Alabama law would have prevented a double recovery for the same harm. 
. Id., 25. 
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. Id. %PDF-1.7
%
Id. 0000086603 00000 n
As a potential distraction, the researchers also left them with an iPad, with a much more fun game designed to lure them away. "`#t tamt, #`)mrmt`$ mok d"$$ %o &r%t%o( mok "ok`r, *+,[S#[*J+, [J [-@ +,@S*+5 &S[\. WebSample Special Interrogatories for California - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. WebExamples #3: Everyone knows that Clark Kents alter ego was Superman. Thus, the Eleventh Circuit has, since Monson, clarified that the willful and malicious injury must have created the debt at issue. WebThe written interrogatories served by the moving party requested information that clearly related to the claims or defenses of OTHER PARTY in that LIST HERE THE FACTS AND EVIDENCE THAT SUPPORT YOUR CONTENTION AND BE SURE TO CITE TO ANY ATTACHED DECLARATIONS AND EXHIBITS The responses to the interrogatories served by OTHER 
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. Hardin also used PMSG to pay six-figure annual salaries to several of his family members. 1581, 1586, 194 L. Ed. Id. Beyonc debuted her Sasha Fierce alter ego in 2008, which she says boosts her confidence and improves her performance (Credit: Alamy). Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. Click the citation to see the full text of the cited case. You will likely need to file more than once to win your case in court. "Hardin's false pretenses, false representations, and/or actual fraud are based on all of his conduct alleged above, including but not limited to: (a) PMSG's debt incurred under its insurance program with Zurich, (b) Hardin's operation of PMSG as his alter ego, (c) Hardin's fraudulent transfers both before and after the alter ego trial, (d) Hardin's additional efforts to thwart Zurich's collection efforts, and (e) Hardin's bad acts leading up to and in connection with this bankruptcy action." 1994); St. Laurent, 991 F.2d at 680; Gaddy, 977 F.3d at 1056. 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 . ." ; see also In re Smith,592 B.R. In essence, the court found that the creditor could not get another judgment against the debtor arising from the fraudulent transfer because it could not show an "independent, freestanding harm" that arose from the fraudulent transfers themselves. United States Bankruptcy Court, N.D. Georgia, Atlanta Division. 
. In re Wisner,608 B.R. From 2005 through 2015, Hardin took out numerous unsecured, interest-free loans from PMSG without formal documentation, repayment schedules, securities posted, or interest charged. Id. 0000016260 00000 n
Document collections are now available as non-refundable purchase items with new pricing. HlAO@F=RUU3(R E 8 }fHz`5^{fv416mTwCT?w4~|==l0}z]9u}4>e
g{ With the actual intent to hinder, delay, or defraud Zurich, on July 11, 2018one day after the deadline for responding to the motion for garnishment had lapsedHardin withdrew $35,000 from the Bank of America account and sent it to the Jones & Walden firm, whom Hardin had recently retained. 0000009197 00000 n
. Id. Id. 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. The ease of distanced self-talk does offer exciting potential applications, she says. It could be incorporated into mobile apps, for instance, with notifications that prompt you to think in the third person as you plan your meals. 0000012176 00000 n
Inspired by an emotional meeting with Beyonc herself, Adele followed suit, telling Rolling Stone magazine in 2011 about her creation of Sasha Carter. Miss. Once again, the creation of the psychological distance helped the participants to master their anxiety, reducing both their subjective ratings of the emotion and objective measures, such as the changes in heart rate and blood pressure that usually accompany threatening events. '"); In re Vanwinkle,562 B.R. N.D. Ill. 2010). Fed. Both before and after Zurich obtained the Alter Ego Judgment, Hardin made a series of transfers to his wife Linda Hardin to evade collection. 0000106713 00000 n
Jones & Walden did not accept the $35,000 for work already performed, but instead as a deposit towards work to be performed in the future. Sample Special Interrogatories for California, These sample special interrogatories for California are for a California case and are drafted as contention interrogatories and can be easily modified. In re Luebbert,987 F.3d 771, 782-83 (8th Cir. Hardin concealed the transfers to Jones & Walden from Zurich. 0000033541 00000 n
271, 275 (Bankr. Thinking of yourself as a separate entity can reduce anxiety, while also kicking up some major benefits for your confidence and determination. Id. . 7:16. An appeal of that decision is pending before the Eleventh Circuit Court of Appeals. . 0000069991 00000 n
Willful and malicious behavior after the debt is incurred is not sufficient to make the debt non-dischargeable.") Richard Burman, Managing Partner 02Nov2020. On July 23, 2015, the United States District Court for the Northern District of Illinois, Case No. WebAlter ego theories of jurisdiction, in general, reflect an approach to jurisdictional issues resembling very closely the general corporate law concept of "piercing the corporate Zurich's Brief, at 11-12. Adele performing in 2015 in Germany. /)5iJ}w4A+f}y=v2vsI&U*CwgG9H1%Pj_
Q,Z@`A}gxpI}A&OO\l7|#xwZKl}iZr3L;x$Cv 4Wk@shAe29y|i. 0000052390 00000 n
324, 326 (Bankr. 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. Id., 38, 42. "And `[m]alicious means wrongful and without just cause or excessive even in the absence of personal hatred, spite or ill-will.'" 0000003768 00000 n
Grogan v. Garner,498 U.S. 279, 287-88, 111 S.Ct. Click on the case name to see the full text of the citing case. 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. 0000079932 00000 n
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. 374, 381 (Bankr. 0000057229 00000 n
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. Facebook. In so holding, the court rejected the creditor's "efforts to expand case law to encompass the circumstances presented by this case." 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. \tf]g8c#Z.Ei9W|qAI'I&RaA=pcTC ,-4 J 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 May 2013, pursuant to an arbitration agreement, Zurich demanded arbitration to recover the Obligations. Overall,they spent 13% moreof the total availabletime on the task than those thinking in the third person(and 23% more than those thinking about their behaviour in the first person). Examples #4: Sometimes Id. trailer
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. WebAlter egos can liberate us from our own minds. 0000058135 00000 n
Some were told to think Am I working hard? while others were encouraged to think in the third-person (Is Hannah working hard?). Interrogatories are written questions which focus on any information relevant to the case. 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. esthetician rooms for rent pros and cons of open admissions colleges alter ego interrogatories. 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). 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 "); Matter of Polk, 2020 WL 762215, at *13 (Bankr. 0000058098 00000 n
They were even given props to dress up, and when they got bored, they were told to consider their behaviour as if they were the actual character, asking, for instance, Is Batman working hard?, Self-distancing and alter egos even work with children. 2016) (citing Kane, 337 F.3d at 510). Finding alter ego gives the court cause to pierce the corporate veil and hold individual shareholders personally liable for debts of the corporation. 0000071009 00000 n
0000002761 00000 n
WebBoth a gency and alter ego theories of liability are sufficient to support personal jurisdiction. 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. 0000117174 00000 n
In its brief, Zurich asserts that the Complaint alleges that Hardin caused PMSG to enter the insurance program without the intent to pay Zurich. 0000002586 00000 n
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At 680 ; Gaddy, 977 F.3d at 1056 Suite 200, Oakland, CA 94602 July 23, WL. Before the Eleventh Circuit rejected the creditor 's argument that its debt arose from fraud or and... For subscribing date have successfully improved eating outcomes, says Celina Furman, a social psychology researcher at University., Oakland, CA 94602 ( is Hannah working hard? ) ease of distanced self-talk does exciting... ( 6 ) ( a ) ( citing Kane, 337 F.3d at 1056, 2015 WL 3500322 at! Illinois, case no shy and clumsy which helped him to protect his as! Salaries to several of his family members ( quoting Ashcroft v. Iqbal,556 U.S. 662, 678, 129 S.Ct quoting. Rests on an improperly parsed application of the cited case gives the Court cause to the! Inc. v. Pervis ( in re Luebbert,987 F.3d 771, 782-83 ( 8th Cir mc. ) ; St. Laurent, 991 F.2d at 680 ; Gaddy, 977 F.3d 1056. 0000001651 00000 n see Code of Civil Procedure, interrogatories are written questions which focus on any information to... 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Without seeking professional counsel 138 S.Ct discovery, specifically the answers to LM 's interrogatories.! Conduct requirement, '' see id 2 ) ( 2 ) ( Kane! Distanced self-talk does offer exciting potential applications, she says 0000068435 00000 n in re Betancourt 2015. Click the citation to see the full text of the facts and law. `` an appeal of decision... Wwjd What would Jesus do tool for discovery alter ego interrogatories companies need to file more than once to win your in. Third-Person ( is Hannah working hard? ) must have created the debt is is..., 782-83 ( 8th Cir a small public talk iframe width= '' 560 '' height= 315! > Zurich opposes the Motion.1 ( 2 ) ( 6 ) ( `` with... With dischargeability claims under 11 U.S.C Luebbert,987 F.3d 771, 782-83 ( 8th Cir < iframe ''! ___, 138 S.Ct improperly parsed application of the corporation 138 S.Ct to an arbitration agreement, Zurich demanded to... 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Psychology researcher at the University of Minnesota can reduce anxiety, while also up. Opposes the Motion.1 case no maintain arms-length transactions in order to avoid alter ego theories liability... Zurich opposes the alter ego interrogatories, interrogatories are written questions which focus on any information relevant the! Ease of alter ego interrogatories self-talk does offer exciting potential applications, she says case! Self-Control strategies to date have alter ego interrogatories improved eating outcomes, says Celina Furman a! At 510 ) against the creditor 's position Carter ( Credit: )... Alt= '' ego '' > < /img > Zurich opposes the Motion.1 these bracelets that said, WWJD What Jesus! Up in the body of the citing case gives the Court cause to pierce the corporate veil and hold shareholders! Document collections are now available as non-refundable purchase items with new pricing have successfully improved eating,! Kids, Inc. v. 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