Legal Opinion

Shaoxing County Huayue Import & Export v. Bhaumik

California Court of Appeal

Decided January 18, 2011No. B220483PublishedCited by 9 opinions

1Opinion of the Court

Opinion

KRIEGLER, J.

A creditor of a bankrupt corporation sought to recover payment in state court from an individual based on an alter ego theory of liability. The individual argued that the alter ego claim belonged to the bankruptcy estate, because it alleged general injuries to the corporation that could establish a basis of liability for all corporate debts, and therefore, the state court action should be stayed. The trial court allowed the action to proceed to trial and found in favor of the creditor. On appeal, the individual contends that the action should have been stayed and the trial…

2Cases cited19 opinions

  1. Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972
  2. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  3. Shearson Lehman Hutton, Inc. v. Walter Wagoner, Jr., TrusteeCourt of Appeals for the Second Circuit · 1991
  4. Ghirardo v. AntonioliCalifornia Supreme Court · 1994
  5. Sonora Diamond Corp. v. Superior CourtCalifornia Court of Appeal · 2000

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3Cited by9 opinions

  1. Misik v. D'ArcoCalifornia Court of Appeal · 2011
  2. Cross v. CooperCalifornia Court of Appeal · 2011
  3. Bushnell v. BarkerUtah Supreme Court · 2012
  4. Higgins v. Superior Court of San Diego Cnty., California Court of Appeal, 5th District2017
  5. Celtig v. PateyDistrict Court, D. Utah · 2019

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

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