Legal Opinion

Sugartown Worldwide LLC v. Shanks

District Court, E.D. Pennsylvania

Decided September 14, 2015No. CIVIL ACTION NO. 14-5063PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

KEARNEY, District Judge

Judgment creditors knowingly have a difficult burden under Pennsylvania law when seeking'to pierce corporate veils of either successor entities or individual control persons of a judgment debtor. The creditor must initially plead some form of extraordinary ultra vires control by the non-débtor which allows this Court, as a matter of equity, to view the debtor and non-débtors as the same entity. The overriding principle is the non-debtor controls the judgment debtor for personal benefit. We review facts evidencing a commingling of accounts, failing to adhere to…

2Cases cited13 opinions

  1. Marine Midland Bank, N.A. v. James W. MillerCourt of Appeals for the Second Circuit · 1981
  2. Zubik v. ZubikCourt of Appeals for the Third Circuit · 1967
  3. Bel-Ray Company, Inc. v. Chemrite (Pty) Ltd.Court of Appeals for the Third Circuit · 1999
  4. Wicks v. Milzoco Builders, Inc.Supreme Court of Pennsylvania · 1983
  5. Lumax Industries, Inc. v. AultmanSupreme Court of Pennsylvania · 1995

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. ATTIAS v. 532 BROOKLYN, LLCDistrict Court, E.D. Pennsylvania · 2020
  2. FOSTER v. DEMK, LLCDistrict Court, E.D. Pennsylvania · 2020
  3. UNITED EMPLOYMENT ASSOCIATES v. LANDMARK CONSTRUCTION COMPANY, INC.District Court, E.D. Pennsylvania · 2024

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