Sugartown Worldwide LLC v. Shanks
District Court, E.D. Pennsylvania
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
- Marine Midland Bank, N.A. v. James W. MillerCourt of Appeals for the Second Circuit · 1981
- Zubik v. ZubikCourt of Appeals for the Third Circuit · 1967
- Bel-Ray Company, Inc. v. Chemrite (Pty) Ltd.Court of Appeals for the Third Circuit · 1999
- Wicks v. Milzoco Builders, Inc.Supreme Court of Pennsylvania · 1983
- Lumax Industries, Inc. v. AultmanSupreme Court of Pennsylvania · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- ATTIAS v. 532 BROOKLYN, LLCDistrict Court, E.D. Pennsylvania · 2020
- FOSTER v. DEMK, LLCDistrict Court, E.D. Pennsylvania · 2020
- UNITED EMPLOYMENT ASSOCIATES v. LANDMARK CONSTRUCTION COMPANY, INC.District Court, E.D. Pennsylvania · 2024