Legal Opinion
Ellenberg v. Waliagha (In Re Mattress N More, Inc.)
United States Bankruptcy Court, N.D. Georgia
Decided November 23, 1998No. 19-51773PublishedCited by 7 opinions
1Opinion of the Court
ORDER
JOYCE BIHARY, Bankruptcy Judge.
This adversary proceeding is before the Court on the defendants’ motion to dismiss one count of the complaint. The question presented by the motion is whether a bankruptcy trustee of a corporate debtor has standing to assert claims to pierce the corporate veil of the debtor to recover amounts from the debtor’s shareholder and related corporate entities sufficient to pay the debts of the debtor.
I. The Procedural Background
The trustee of debtor Mattress N More, Inc., Richard D. Ellenberg, (“trustee”) filed an adversary proceeding against Amjad Wa-liagha, also…
2Cases cited15 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
- In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987
- St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989
- Schertz-Cibolo-Universal City, Independent School District v. Wright (In Re Educators Group Health Trust)Court of Appeals for the Fifth Circuit · 1994
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Baillie Lumber Co. v. ThompsonCourt of Appeals for the Eleventh Circuit · 2004
- Rutger Schimmelpenninck v. James ByrneCourt of Appeals for the Fifth Circuit · 1999
- Schimmelpenninck v. ByrneCourt of Appeals for the Fifth Circuit · 1999
- Rayonier Wood Products, LLC v. ScanWare, Inc.District Court, S.D. Georgia · 2009
- Edwards Wood Products, Inc. v. Thompson (In re Icarus Holdings, LLC)United States Bankruptcy Court, M.D. Georgia · 2002
2 more not listed; retrieve them via the Exa API.