Legal Opinion

Double Bogey Lp v. Sylvester Enea

Court of Appeals for the Ninth Circuit

Decided July 22, 2015No. 13-15809PublishedCited by 11 opinions

1Opinion of the Court

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether California’s alter ego doctrine can create a “fiduciary” relationship under the Bankruptcy Code.

I

This case arises from a dispute between two non-natural persons, Double Bogey, L.P. and Appian Construction, Inc., regarding Appian’s alleged mismanagement of Double Bogey’s investments in several real estate projects. However, we are not presented with the question of Appian’s liability. Rather, we consider the liability of the two natural persons who owned and operated it.

Appian was created by brothers Paul and Sylvester Enea, who served…

2Cases cited13 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
  3. In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
  4. Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
  5. Mesler v. Bragg Management Co.California Supreme Court · 1985

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

3Cited by11 opinions

  1. International Petroleum Produc v. Black Gold S.A.R.L.Court of Appeals for the Ninth Circuit · 2024
  2. Schwarz v. Liechti (In re Liechti)United States Bankruptcy Court, D. Montana · 2015
  3. A-Tek Mechanical, Inc. v. KHW Services, Inc.District Court, S.D. California · 2022
  4. Ana Castillo v. Gregory AkersCourt of Appeals for the Ninth Circuit · 2018
  5. Credit Associates, Inc. v. BlevinsUnited States Bankruptcy Court, D. Oregon · 2020

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

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